MATTER OF BRITT v. FISCHER

508644

76 A.D.3d 735 (2010)

905 N.Y.S.2d 523

In the Matter of TROY BRITT, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided August 5, 2010.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been restored to petitioner's inmate account. Although petitioner also requests restoration to the status he...

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