MATTER OF RIVERA v. ANNUCCI

520262.

131 A.D.3d 1331 (2015)

16 N.Y.S.3d 785

2015 NY Slip Op 06942

In the Matter of ROBERT RIVERA, 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 September 24, 2015.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III prison disciplinary determination. 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 is to be refunded to petitioner's inmate account. Given that no loss of good time was imposed, petitioner has received all of the relief to which he is...

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