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MATTER OF BROWN v. VENETTOZZI

523414.

148 A.D.3d 1446 (2017)

2017 NY Slip Op 02115

48 N.Y.S.3d 650

In the Matter of JOHNNY B. BROWN, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided March 23, 2017.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III 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 mandatory $5 surcharge has been refunded to his inmate account. In view of this, and given that petitioner has been...

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