MATTER OF WATERS v. PURDY

523517.

149 A.D.3d 1444 (2017)

2017 NY Slip Op 03242

50 N.Y.S.3d 893

In the Matter of KEITH WATERS, Petitioner, v. LT. W. PURDY, as Correction Officer at Wallkill Correctional Facility, et al., Respondents.

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

Decided April 27, 2017.


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 light of this, and given that petitioner has been afforded all of the relief to which he...

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