MATTER OF MICOLO v. KIRKPATRICK

NO. 523029

147 A.D.3d 1131 (2017)

45 N.Y.S.3d 818

2017 NY Slip Op 00697

In the Matter of MARCUS A. MICOLO, Petitioner, v. MICHAEL KIRKPATRICK, as Superintendent of Clinton Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 2, 2017.


Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination finding him guilty of providing unauthorized legal assistance. The Attorney General has advised this Court that the determination has since 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. Given that petitioner has received all of the relief...

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