MATTER OF BARCLAY v. SUMMERS


60 A.D.3d 1181 (2009)

873 N.Y.S.2d 921

In the Matter of H. PATRICK BARCLAY, Petitioner, v. ROBERT SUMMERS, as Correction Officer, et al., Respondents.

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

Decided March 12, 2009.


Petitioner, a prison inmate, commenced this proceeding to annul a tier III disciplinary determination finding him guilty of violating the prison disciplinary rules that prohibit interfering with an employee and refusing a direct order. The Attorney General has advised this Court that the administrative determination has been reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, petitioner has received all the relief to...

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