MATTER OF FRANTZ v. SMITH

521002.

137 A.D.3d 1385 (2016)

26 N.Y.S.3d 485

2016 NY Slip Op 01711

In the Matter of JEAN L. FRANTZ, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided March 10, 2016.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination finding him guilty of refusing a direct order and creating a disturbance. Supreme Court dismissed the petition, prompting this appeal. The Attorney General has informed 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...

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