MATTER OF MURGO v. RACETTE

514498.

100 A.D.3d 1244 (2012)

953 N.Y.S.2d 913

2012 NY Slip Op 7937

In the Matter of RONALD MURGO, Petitioner, v. STEVEN E. RACETTE, as Superintendent of Elmira Correctional Facility, Respondent.

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

November 21, 2012.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule prohibiting theft of state property. 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. In view of this and given that petitioner...

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