MATTER OF SHANE HALE v. MALY


51 A.D.3d 1232 (2008)

856 N.Y.S.2d 493

In the Matter of MICHAEL SHANE HALE, Petitioner, v. JOHN C. MALY, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided May 15, 2008.


Petitioner, a prison inmate, was found guilty following a tier II disciplinary hearing of possession of authorized property in an unauthorized area and misuse of state property. Petitioner exhausted his administrative remedies and commenced this CPLR article 78 proceeding seeking annulment of the determination. The Attorney General has advised this Court that the determination in question has been administratively reversed, all references thereto have been expunged from petitioner...

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