MATTER OF ROYE v. ANNUCCI

521252.

137 A.D.3d 1392 (2016)

25 N.Y.S.3d 916

2016 NY Slip Op 01717

In the Matter of DAVID ROYE, 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 March 10, 2016.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of stealing state property in violation of a prison disciplinary rule. 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 ordered to be refunded to his inmate account. Given that petitioner has received...

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