MATTER OF MERCER v. PRACK

517230.

116 A.D.3d 1328 (2014)

983 N.Y.S.2d 919

2014 NY Slip Op 2837

In the Matter of JAMES R. MERCER, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided April 24, 2014.


Petitioner commenced this CPLR article 78 proceeding challenging a disciplinary determination finding him guilty of violating certain disciplinary rules. The Attorney General has advised 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...

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