MATTER OF BAILEY v. ANNUCCI

NO. 522976

147 A.D.3d 1127 (2017)

45 N.Y.S.3d 815

2017 NY Slip Op 00693

In the Matter of RALIK BAILEY, 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 February 2, 2017.


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 subject determination has been administratively reversed, all references to the matter have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received...

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