MATTER OF JOSEPH v. LaCLAIR

509453.

79 A.D.3d 1495 (2010)

912 N.Y.S.2d 916

In the Matter of NIGEL JOSEPH, Appellant, v. DARWIN E. LaCLAIR, as Superintendent of Franklin Correctional Facility, Respondent.

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

Decided December 23, 2010.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of being out of place and noncompliance with a hearing disposition. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge...

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