MATTER OF HOWARD v. MILLER


193 A.D.2d 988 (1993)

598 N.Y.S.2d 369

In the Matter of Henry E. Howard, Petitioner, v. David L. Miller, as Superintendent of Wallkill Correctional Facility, et al., Respondents

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

May 20, 1993


After the commencement of this CPLR article 78 proceeding, the determination finding petitioner guilty of fighting was reversed on administrative appeal and all references to the hearing were expunged from petitioner's institutional records. Consequently, by letter dated January 6, 1992, respondents requested that the petition be dismissed as moot. Petitioner opposed respondents' motion to dismiss contending that part of the relief...

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