MATTER OF McCASKELL v. DEPARTMENT OF CORR. & COMMUNITY SUPERVISION

519629

128 A.D.3d 1208 (2015)

8 N.Y.S.3d 498

2015 NY Slip Op 04187

In the Matter of BRAD McCASKELL, Petitioner, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

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

Decided May 14, 2015.


Petitioner commenced this CPLR article 78 proceeding challenging a disciplinary determination finding him guilty of violating various prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record, and the mandatory $5 surcharge has been refunded to petitioner's inmate account. The record establishes that the penalty imposed included...

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