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MATTER OF GARNES v. ANNUCCI

521995.

144 A.D.3d 1277 (2016)

2016 NY Slip Op 07359

40 N.Y.S.3d 292

In the MATTER OF AIKIO GARNES, 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 November 10, 2016.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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 refunded to petitioner's inmate account. Although not mentioned by the Attorney General, the loss of good time incurred by petitioner as a result of the...

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