MATTER OF TOLIVER v. FISCHER

516679

114 A.D.3d 984 (2014)

979 N.Y.S.2d 870

2014 NY Slip Op 713

In the Matter of MICHEL TOLIVER, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided February 6, 2014.


Petitioner commenced this CPLR article 78 proceeding challenging a disciplinary determination finding him guilty of creating a disturbance and refusing a direct order. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge has been refunded to his inmate account. As such, petitioner has received all the relief...

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