MATTER OF SMALLS v. SMITH


47 A.D.3d 1101 (2008)

848 N.Y.S.2d 904

In the Matter of BENJAMIN SMALLS, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided January 17, 2008.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of making false statements. Supreme Court dismissed the petition, prompting this appeal by petitioner. The Attorney General has advised this Court in writing that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, because petitioner...

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