MATTER OF APONTE v. FISCHER


58 A.D.3d 997 (2009)

869 N.Y.S.2d 923

In the Matter of JIMMY APONTE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

January 15, 2009.


Petitioner commenced this CPLR article 78 proceeding seeking to annul an administrative determination finding him guilty of violating the prison disciplinary rules that prohibit possessing a weapon and providing false statements or information. The Attorney General advises 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 all...

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