Matter of Williams v. Keyser

2018 NY Slip Op 08602 (N.Y. Ct. App. 2018) · Appellate Division of the Supreme Court of the State of New York, Third Department · December 13, 2018 · No. 526535

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

  1. 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.
  2. Williams was entitled to reimbursement of the $15 reduced filing fee he had paid.

Questions Presented

  1. Whether the article 78 proceeding should be dismissed as moot after the challenged prison disciplinary determination was administratively reversed, expunged, and its surcharge refunded.
  2. 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.

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