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MATTER OF SHELTON v. COMMISSIONER OF DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION

519364.

127 A.D.3d 1490 (2015)

5 N.Y.S.3d 919

2015 NY Slip Op 03441

In the Matter of DARRYL SHELTON, Petitioner, v. COMMISSIONER OF DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

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

Decided April 23, 2015.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating two prison disciplinary rules. The Attorney General has advised this Court that the disciplinary determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge has been refunded to him, and requests that the proceeding be dismissed as moot...

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