MATTER OF DeBERRY v. VENETTOZZI

NO. 523094

147 A.D.3d 1136 (2017)

45 N.Y.S.3d 821

2017 NY Slip Op 00704

In the Matter of ERIC DeBERRY, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, 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 determination finding him guilty of violating a prison disciplinary rule. 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. In light of this, and given that petitioner has received all of the relief...

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