MATTER OF ABRAMS v. ANNUCCI

523092.

148 A.D.3d 1394 (2017)

2017 NY Slip Op 01936

48 N.Y.S.3d 637

In the Matter of SAMUEL ABRAMS, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 16, 2017.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of being under the influence of an intoxicant. 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. We note that the loss of good time incurred...

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