MATTER OF SHAPARD v. ANNUCCI

521340.

137 A.D.3d 1398 (2016)

26 N.Y.S.3d 488

2016 NY Slip Op 01724

In the Matter of CHRISTOPHER SHAPARD, 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 violating certain prison disciplinary rules. The Attorney General has advised this Court that the disciplinary determination has since been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge will be refunded to petitioner's inmate account. In view of this, and given that petitioner has...

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