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

519084.

125 A.D.3d 1031 (2015)

999 N.Y.S.2d 769

In the Matter of JUAN RIVAS, 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 commenced this CPLR article 78 proceeding challenging a tier II disciplinary hearing finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's disciplinary record, and the mandatory $5 surcharge has been ordered refunded to petitioner's inmate account. In view of this, and given that petitioner has...

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