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Sockwell v. LaClair

Supreme Court, Appellate Division, Third Department, New York.
Mar 21, 2019
170 A.D.3d 1416 (N.Y. App. Div. 2019)

Opinion

527523

03-21-2019

In the Matter of Marco SOCKWELL, Petitioner, v. Darwin LACLAIR, as Superintendent of Franklin Correctional Facility, et al., Respondents.

Marco Sockwell, Malone, petitioner pro se. Letitia James, Attorney General, Albany (Laura Etlinger of counsel), for respondents.


Marco Sockwell, Malone, petitioner pro se.

Letitia James, Attorney General, Albany (Laura Etlinger of counsel), for respondents.

MEMORANDUM AND JUDGMENTProceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review (1) a determination of respondent Superintendent of Franklin Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules, and (2) a determination of said respondent denying petitioner's grievance.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating certain disciplinary rules and the denial of a grievance seeking, among other things, a transfer to another correctional facility based upon his hearing impairment. With regard to the disciplinary determination, the Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $ 5 mandatory surcharge was not charged to petitioner's inmate account. Accordingly, this part of the petition is moot. As the record reflects that petitioner was ordered to pay a reduced filing fee of $ 15 and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Abdul–Halim v. Venettozzi , 164 A.D.3d 1554, 1555, 81 N.Y.S.3d 773 [2018] ). To the extent that petitioner challenges the denial of his grievance, the record does not reflect that petitioner exhausted his administrative remedies by awaiting a decision from the Central Office Review Committee. Therefore, that part of the petition challenging the denial of his grievance must be dismissed (see Matter of Green v. Kirkpatrick , 165 A.D.3d 1375, 1376, 86 N.Y.S.3d 228 [2018] ).

Supreme Court improperly transferred that part of the proceeding seeking review of the determination denying petitioner's grievance, but we retain jurisdiction in the interest of judicial economy (see

Lynch, J.P., Clark, Mulvey, Devine and Pritzker, JJ., concur.

ADJUDGED that the part of the petition challenging the prison disciplinary determination is dismissed, as moot, without costs, but with disbursements in the amount of $ 15.

ADJUDGED that the part of the petition challenging the denial of the grievance is dismissed, without costs, for failure to exhaust administrative remedies.

Matter of Green v. Kirkpatrick , 165 A.D.3d 1375, 1376 n. [2018] ).


Summaries of

Sockwell v. LaClair

Supreme Court, Appellate Division, Third Department, New York.
Mar 21, 2019
170 A.D.3d 1416 (N.Y. App. Div. 2019)
Case details for

Sockwell v. LaClair

Case Details

Full title:In the Matter of MARCO SOCKWELL, Petitioner, v. DARWIN LaCLAIR, as…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Mar 21, 2019

Citations

170 A.D.3d 1416 (N.Y. App. Div. 2019)
94 N.Y.S.3d 895
2019 N.Y. Slip Op. 2198

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