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MATTER OF JIMINEZ v. FISCHER

515117.

107 A.D.3d 1254 (2013)

966 N.Y.S.2d 924

2013 NY Slip Op 4644

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

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

Decided June 20, 2013.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating various prison disciplinary rules stemming from two incidents. 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 mandatory $5 surcharge, as well as the restitution paid by petitioner...

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