MATTER OF RUSSO v. ANNUCCI

519630

128 A.D.3d 1257 (2015)

8 N.Y.S.3d 611

2015 NY Slip Op 04370

In the Matter of JONATHAN RUSSO, 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 May 21, 2015.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of drug possession and smuggling. 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 his inmate account. We note that, although not mentioned in the Attorney General's letter, "any loss of good...

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