MATTER OF HINTON v. ROCK

516207.

108 A.D.3d 981 (2013)

968 N.Y.S.2d 817

2013 NY Slip Op 5373

In the Matter of LEONARD HINTON, Petitioner, v. DAVID ROCK, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided July 18, 2013.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of possessing an altered item and interference with an employee. The Attorney General has informed this Court that, during the pendency of this proceeding, the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge has been refunded...

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