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MATTER OF MERCER v. ARTUS

70 A.D.3d 1073 (2010)

892 N.Y.S.2d 811

In the Matter of JAMES R. MERCER JR., Appellant, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided February 4, 2010.

Petitioner commenced this CPLR article 78 proceeding seeking, among other things, to annul and expunge from his institutional record a tier II disciplinary determination that found him guilty of interfering with an employee and refusing a direct order. Supreme Court dismissed the petition, prompting this appeal. The Attorney General has informed this Court that, during the pendency of this appeal, the determination at issue has been administratively reversed and all references...

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