MATTER OF SHEPHERD v. COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION

520614.

131 A.D.3d 1334 (2015)

16 N.Y.S.3d 787

2015 NY Slip Op 06948

In the Matter of EON SHEPHERD, Petitioner, v. 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 two determinations finding him guilty of violating five prison disciplinary rules following tier II disciplinary hearings. The Attorney General has advised this Court that the determinations have been administratively reversed, all references to the five charges have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to his inmate account. Given that petitioner...

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