MATTER OF NUNEZ v. LaVALLEY

513221.

95 A.D.3d 1583 (2012)

944 N.Y.S.2d 710

2012 NY Slip Op 4061

In the Matter of MANUEL NUNEZ, Petitioner, v. THOMAS LaVALLEY, as Superintendent of Clinton Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 24, 2012.


Petitioner commenced this CPLR article 78 proceeding to challenge a tier II prison disciplinary determination. 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...

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