MATTER OF BOYER v. COHEN


257 A.D.2d 864 (1999)

682 N.Y.S.2d 644

In the Matter of DANIEL E. BOYER, Petitioner, v. SHELDON COHEN, as Temporary Release Committee Chairman, et al., Respondents.

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

Decided January 21, 1999.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging an adverse determination following a tier II disciplinary hearing which found him guilty of violating a prison disciplinary rule. After the Attorney General advised Supreme Court that the determination at issue had been administratively reversed and that all references thereto were expunged from petitioner's institutional record, the court granted respondents' motion to dismiss the petition...

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