MATTER OF BORNSTORFF v. FISCHER

505912.

67 A.D.3d 1138 (2009)

887 N.Y.S.2d 873

2009 NY Slip Op 08099

In the Matter of KOUWANI BORNSTORFF, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 12, 2009.


Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of possessing unauthorized gang material. The Attorney General has advised this Court that such determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and petitioner has been refunded the mandatory $5 surcharge. Although petitioner also seeks to be restored to the status he enjoyed...

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