MATTER OF MARCIAL v. FISCHER

512950.

96 A.D.3d 1245 (2012)

946 N.Y.S.2d 708

2012 NY Slip Op 5041

In the Matter of HENRY MARCIAL, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

June 21, 2012.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. After service of respondent's answer, Supreme Court dismissed the proceeding and this appeal ensued. The Attorney General has advised this Court that the disciplinary determination has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Although petitioner also...

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