Summary
The petitioner challenged a tier II prison disciplinary determination in a CPLR article 78 proceeding. Because the determination had been administratively reversed, expunged, and accompanied by a surcharge refund, the court dismissed the petition as moot, while granting reimbursement of the petitioner's $15 filing fee.
Holdings
- The proceeding was moot because Williams had received all relief to which he was entitled after the disciplinary determination was reversed, the references were expunged, and the surcharge was refunded.
- Williams was entitled to reimbursement of the $15 reduced filing fee he had paid.
Questions Presented
- Whether the article 78 proceeding should be dismissed as moot after the challenged prison disciplinary determination was administratively reversed, expunged, and its surcharge refunded.
- Whether Williams was entitled to reimbursement of the $15 reduced filing fee.
Disposition
dismissed
Cases Cited (2)
- Matter of Anderson v. Annucci, 164 A.D.3d 1551 (N.Y. App. Div. 2018)(followed)
- Matter of Herbert v. Venettozzi, 162 A.D.3d 1454 (N.Y. App. Div. 2018)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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