MATTER OF McMASTER v. ROWE

523757.

153 A.D.3d 991 (2017)

56 N.Y.S.3d 911

2017 NY Slip Op 06016

In the Matter of KENNETH McMASTER, Petitioner, v. C.S. ROWE, as Correction Lieutenant at Upstate Correctional Facility, et al., Respondents.

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

Decided August 3, 2017.


Petitioner commenced this CPLR article 78 proceeding challenging a tier II determination finding him guilty of violating certain disciplinary rules. The Attorney General has informed 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 returned to petitioner's inmate account. In view of the foregoing, and given that petitioner has received...

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