MATTER OF ELDER v. NEW YORK STATE DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION

523418.

149 A.D.3d 1390 (2017)

2017 NY Slip Op 03101

50 N.Y.S.3d 315

In the Matter of COREY ELDER, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided April 20, 2017.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. 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. We note that the loss of good time incurred by petitioner...

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