MATTER OF MERCER v. SUPERINTENDENT OF THE LIVINGSTON CORRECTIONAL FACILITY

516373

112 A.D.3d 1259 (2013)

976 N.Y.S.2d 898

2013 NY Slip Op 8570

In the Matter of JAMES R. MERCER JR., Petitioner, v. SUPERINTENDENT OF THE LIVINGSTON CORRECTIONAL FACILITY, Respondent.

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

Decided December 26, 2013.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination finding him guilty of damaging state property. The Attorney General has informed this Court that, during the pendency of this proceeding, the determination has been administratively reversed, references thereto have been expunged from petitioner's institutional record and the $5 surcharge has been refunded to petitioner's inmate account. Inasmuch as petitioner...

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