Scott v. Prack, 97 A.D.3d 861 (N.Y. App. Div. 2012). · Go Syfert
Scott v. Prack, 97 A.D.3d 861 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Harrison v. Annucci (nyappdiv, 2017-09-21)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Harrison v. Annucci
N.Y. App. Div. · 2017 · confidence medium
In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Slide v Russo, 151 AD3d 1518, 1518 [2017]; Matter of Scott v Prack, 97 AD3d 861, 861 [2012]).
discussed Cited as authority (rule) Moore v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of James v Prack, 137 AD3d 1390, 1391 [2016]; Matter of Scott v Prack, 97 AD3d 861, 861 [2012]).
discussed Cited as authority (rule) Moore v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of James v Prack, 137 AD3d 1390, 1391 [2016]; Matter of Scott v Prack, 97 AD3d 861, 861 [2012]).
discussed Cited as authority (rule) Matter of Mosier v. Cole (2×) also: Cited "see"
N.Y. App. Div. · 2015 · confidence medium
The father has provided this Court with a copy of Family Court’s subsequent order (compare Matter of Whiting v Ward, 97 AD3d 861, 862 [2012]), and we may take judicial notice thereof (see Matter of Hannah U. [Patti U.], 110 AD3d 1258 , 1260 n 5 [2013]).
cited Cited as authority (rule) In re Nicolette I.
N.Y. App. Div. · 2013 · confidence medium
In the apparent absence of any superceding orders, however, we have no basis on which to conclude that the matter is moot (see Matter of Whiting v Ward, 97 AD3d 861, 862 [2012]).
cited Cited as authority (rule) In re Nicolette I.
N.Y. App. Div. · 2013 · confidence medium
In the apparent absence of any superceding orders, however, we have no basis on which to conclude that the matter is moot (see Matter of Whiting v Ward, 97 AD3d 861, 862 [2012]).
cited Cited as authority (rule) In re the Arbitration between Board of Education of the Rondout Valley Central School District & Rondout Valley Federation of Teachers
N.Y. App. Div. · 2012 · confidence medium
Therefore, the appeal as it relates to those two grievances is moot (see Matter of Whiting v Ward, 97 AD3d 861, 863 [2012]).
cited Cited as authority (rule) In re the Arbitration between Board of Education of the Rondout Valley Central School District & Rondout Valley Federation of Teachers
N.Y. App. Div. · 2012 · confidence medium
Therefore, the appeal as it relates to those two grievances is moot (see Matter of Whiting v Ward, 97 AD3d 861, 863 [2012]).
discussed Cited "see" George v. New York State Department of Corrections & Community Supervision
N.Y. App. Div. · 2013 · signal: see · confidence high
Given both the uncertain final form of the modified conditions and lack of substantive action in imposing them, the rights of the parties remain “directly affected by the determination of the appeal and the interest of the parties is an immediate consequence of the judgment” (Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; see Matter of Whiting v Ward, 97 AD3d 861, 862 [2012]; cf. Encore Coll.
discussed Cited "see" George v. New York State Department of Corrections & Community Supervision
N.Y. App. Div. · 2013 · signal: see · confidence high
Given both the uncertain final form of the modified conditions and lack of substantive action in imposing them, the rights of the parties remain “directly affected by the determination of the appeal and the interest of the parties is an immediate consequence of the judgment” (Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; see Matter of Whiting v Ward, 97 AD3d 861, 862 [2012]; cf. Encore Coll.
Retrieving the full opinion text from the archive…
In the Matter of Harold J. Scott
v.
Albert Prack, as Acting Director of Special Housing and Inmate Disciplinary Programs
Appellate Division of the Supreme Court of the State of New York.
Jul 5, 2012.
97 A.D.3d 861
Cited by 7 opinions  |  Published

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see Matter of Torres v Bezio, 92 AD3d 1053 [2012]; Matter of Calix v Brown, 92 AD3d 1001 [2012]).

Mercure, J.P., Lahtinen, Malone Jr., McCarthy and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.