SHERMAN v. LAVALLEY

511543.

89 A.D.3d 1337 (2011)

932 N.Y.S.2d 917

2011 NY Slip Op 8519

JASON SHERMAN, Petitioner, v. THOMAS LAVALLEY, as Superintendent of Clinton Correctional Facility, et al., Respondents.

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

Decided November 23, 2011.


Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination, following a tier II disciplinary hearing, finding him guilty of harassment, misuse of state property and refusing a direct order. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record, and the mandatory surcharge has been credited back...

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