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MATTER OF SHIELDS v. PRACK

520127

131 A.D.3d 774 (2015)

14 N.Y.S.3d 720

2015 NY Slip Op 06545

In the Matter of ERIC J. SHIELDS, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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 prison disciplinary determination rendered following a tier III hearing. The Attorney General has advised this Court that the determination at issue 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. In light of this...

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