MATTER OF WHITLOCK v. KIRKPATRICK

523551.

149 A.D.3d 1448 (2017)

2017 NY Slip Op 03247

50 N.Y.S.3d 896

In the Matter of COREY D. WHITLOCK, Petitioner, v. MICHAEL KIRKPATRICK, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided April 27, 2017.


Petitioner commenced this CPLR article 78 proceeding challenging a tier II determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since 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 been...

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