MATTER OF KHUDAN v. ANNUCCI

520709.

139 A.D.3d 1198 (2016)

29 N.Y.S.3d 827

2016 NY Slip Op 03774

In the Matter of RAMESH KHUDAN, 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 May 12, 2016.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. 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 $5 mandatory surcharge has been refunded to petitioner's inmate account. Although petitioner seeks to be restored...

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