WHITLEY v. FISCHER

514706.

105 A.D.3d 1232 (2013)

962 N.Y.S.2d 921

2013 NY Slip Op 2627

In the Matter of VIDAL WHITLEY, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided April 18, 2013.


Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating various prison disciplinary rules stemming from his alleged involvement in a melee. The Attorney General has informed this Court that the determination has been reversed administratively, all references thereto expunged from petitioner's institutional record, and the mandatory surcharge refunded to petitioner's inmate account. Petitioner...

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