MATTER OF ALBALADEJO v. NEW YORK STATE DEPT. OF CORR. & COMMUNITY SUPERVISION

519083.

125 A.D.3d 1030 (2015)

999 N.Y.S.2d 769

In the Matter of BRUCE ALBALADEJO, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided February 5, 2015.


Petitioner challenges a determination finding him guilty of drug use after his urine sample tested positive for the presence of THC. 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. Although not mentioned by the Attorney General, we note that "any loss of good time incurred by petitioner...

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