MATTER OF COX v. FISCHER

507419.

71 A.D.3d 1313 (2010)

895 N.Y.S.2d 883

In the Matter of JERMAINE COX, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 18, 2010.


Petitioner, an inmate at Southport Correctional Facility in Chemung County, commenced this CPLR article 78 proceeding seeking to challenge a tier III disciplinary determination finding him guilty of misuse of state property and gang activity. This Court has been advised by the Attorney General that the administrative determination has been reversed and all references thereto have been expunged from petitioner's institutional record. As a result, petitioner has received all...

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