MATTER OF McLEE v. ANNUCCI

519880

131 A.D.3d 768 (2015)

14 N.Y.S.3d 716

2015 NY Slip Op 06534

In the Matter of ROBERT MCLEE, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision et al., Respondents.

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

Decided August 13, 2015.


Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination that found him guilty of making threats, bribery, harassment, soliciting and forwarding calls. 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. Petitioner is not entitled to be restored...

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