MATTER OF ANDERSON v. HUNTINGTON


63 A.D.3d 1390 (2009)

880 N.Y.S.2d 579

In the Matter of DEREK ANDERSON, Petitioner, v. JOHN HUNTINGTON, as Acting Superintendent of Mt. McGregor Correctional Facility, Respondent.

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

Decided June 18, 2009.


Petitioner was found guilty of numerous prison disciplinary violations in five separate determinations rendered by the Commissioner of Correctional Services. He commenced this CPLR article 78 proceeding challenging them. The Attorney General has advised that the determinations at issue have been administratively reversed, all references thereto have been expunged from petitioner's institutional record and petitioner has been refunded the $5 surcharge with respect to each...

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