IN THE MATTER OF ARRIAGA v. SMITH


55 A.D.3d 1115 (2008)

864 N.Y.S.2d 924

In the Matter of ANTHONY ARRIAGA, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

October 23, 2008.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of making a false statement and refusing a direct order. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge has been refunded to petitioner. Thus, petitioner has received...

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