MATTER OF BROWN v. FISCHER

522880.

148 A.D.3d 1383 (2017)

2017 NY Slip Op 01931

48 N.Y.S.3d 635

In the Matter of ONIEL BROWN, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 16, 2017.


Petitioner commenced this CPLR article 78 proceeding to challenge 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 mandatory $5 surcharge has been refunded to petitioner's inmate account...

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