IN THE MATTER OF DEAL v. RIVERA


56 A.D.3d 834 (2008)

865 N.Y.S.2d 925

In the Matter of DEREK A. DEAL, Petitioner, v. ISRAEL RIVERA, as Superintendent of Coxsackie Correctional Facility, Respondent.

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

November 6, 2008.


Following a tier II disciplinary hearing, petitioner was found guilty of possessing property in an unauthorized area, damaging property, tampering with property and creating a fire hazard. After that determination was administratively affirmed, petitioner commenced this CPLR article 78 proceeding.

The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional...

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