MATTER OF HAYES v. ANNUCCI

518710

122 A.D.3d 992 (2014)

994 N.Y.S.2d 552

2014 NY Slip Op 07554

In the Matter of SIDNEY HAYES, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 6, 2014.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination, after a tier III disciplinary hearing, finding him guilty of violating a prison disciplinary rule prohibiting the possession of alcohol. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged, and the mandatory $5 surcharge has been refunded to petitioner's inmate account. Although not...

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