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IN THE MATTER OF DECKER v. SELSKY

503735.

2008 NY Slip Op 06480

IN THE MATTER OF WAYNE DECKER, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Wayne Decker, Elmira, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Mercure, J.P., Peters, Rose, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding seeking to annul an administrative determination finding him guilty of violating the prison disciplinary rule that prohibits use of a controlled substance. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received...

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