MATTER OF HOWELL v. FISCHER

516858.

116 A.D.3d 1312 (2014)

983 N.Y.S.2d 913

2014 NY Slip Op 2822

In the Matter of JEROME HOWELL, 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 24, 2014.


Following a tier III disciplinary hearing, petitioner was found guilty of violating a prison disciplinary rule and the determination was affirmed on administrative appeal. Thereafter, he commenced this CPLR article 78 proceeding challenging the determination. 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 $5 mandatory surcharge has...

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