Legal Opinion
Battease v. Washington County Support Collection Unit
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2012PublishedCited by 14 opinions
1Opinion of the Court
By his own admission, petitioner has been transferred to another correctional facility and the income execution order placed against his inmate account at Five Points is no longer in effect. *1038In view of this, the appeal is moot and must be dismissed (see e.g. Matter of Abreu v White, 85 AD3d 1451 [2011]; Matter of Rush v Bellamy, 71 AD3d 1298 [2010]). To the extent that petitioner seeks to recover monies withheld while he was at Five Points and deposited with the SCU, his remedy is to seek review before the SCU and, if necessary, after exhausting his administrative remedies, commence a CPLR…
2Cases cited3 opinions
- Monroe County Department of Social Services v. WalkerAppellate Division of the Supreme Court of the State of New York · 1991
- Rush v. BellamyAppellate Division of the Supreme Court of the State of New York · 2010
- Abreu v. WhiteAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by14 opinions
- Barry Nemhard v. New York City Office of Child SupportDistrict Court, S.D. New York · 2025
- Basciano v. Child Support EnforcementDistrict Court, S.D. New York · 2020
- Benson v. YellenDistrict Court, S.D. New York · 2024
- Cannon v. NYS Commissioner of Social ServicesDistrict Court, S.D. New York · 2019
- Cora v. WrightDistrict Court, S.D. New York · 2024
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