MATTER OF DOYLE v. FISCHER

511192.

87 A.D.3d 1189 (2011)

929 N.Y.S.2d 506

2011 NY Slip Op 6437

In the Matter of MICHAEL DOYLE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 15, 2011.


Petitioner commenced this CPLR article 78 proceeding challenging a determination rendered after a tier III disciplinary hearing. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. Given that petitioner has been granted all the relief to which he is entitled, the...

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