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MATTER OF MITCHELL v. FISCHER

517920

120 A.D.3d 1475 (2014)

991 N.Y.S.2d 915

2014 NY Slip Op 06134

In the Matter of DONTIE S. MITCHELL, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided September 11, 2014.

Petitioner commenced this proceeding challenging a tier III prison disciplinary determination finding him guilty of possession of contraband, smuggling and possession of an item in an unauthorized area. 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...

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