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MATTER OF RONDON v. SELSKY

49 A.D.3d 990 (2008)

852 N.Y.S.2d 811

In the Matter of RENEE RONDON, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided March 13, 2008.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of possession of alcohol. The Attorney General has advised this Court that the determination in 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. Accordingly, inasmuch as petitioner has been afforded...

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