MATTER OF MARTINEZ v. PRACK

517401

120 A.D.3d 1467 (2014)

991 N.Y.S.2d 909

2014 NY Slip Op 06124

In the Matter of JOHN MARTINEZ, 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 September 11, 2014.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a disciplinary determination finding him guilty of drug use. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled and, as such, the petition...

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