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Williams v. Keyser

Supreme Court, Appellate Division, Third Department, New York.
Dec 13, 2018
167 A.D.3d 1202 (N.Y. App. Div. 2018)

Opinion

526535

12-13-2018

In the Matter of Kenyatta WILLIAMS, Petitioner, v. William F. KEYSER, as Superintendent of Sullivan Correctional Facility, Respondent.

Kenyatta Williams, Fallsburg, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (William E. Storrs of counsel), for respondent.


Kenyatta Williams, Fallsburg, petitioner pro se.

Barbara D. Underwood, Attorney General, Albany (William E. Storrs of counsel), for respondent.

Before: McCarthy, J.P., Devine, Clark, Aarons and Rumsey, JJ.

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating certain prison disciplinary rules. 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 has been refunded to petitioner's inmate account. Accordingly, given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Anderson v. Annucci, 164 A.D.3d 1551, 1551, 81 N.Y.S.3d 782 [2018] ; Matter of Herbert v. Venettozzi, 162 A.D.3d 1454, 1455, 75 N.Y.S.3d 920 [2018] ). As the record reflects that petitioner paid a reduced filing fee of $15 and he has requested reimbursement thereof, we grant petitioner's request for that amount.

McCarthy, J.P., Devine, Clark, Aarons and Rumsey, JJ., concur.

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


Summaries of

Williams v. Keyser

Supreme Court, Appellate Division, Third Department, New York.
Dec 13, 2018
167 A.D.3d 1202 (N.Y. App. Div. 2018)
Case details for

Williams v. Keyser

Case Details

Full title:In the Matter of KENYATTA WILLIAMS, Petitioner, v. WILLIAM F. KEYSER, as…

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

Date published: Dec 13, 2018

Citations

167 A.D.3d 1202 (N.Y. App. Div. 2018)
167 A.D.3d 1202
2018 N.Y. Slip Op. 8602

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