MATTER OF SHEARD v. ANNUCCI

524100.

153 A.D.3d 1008 (2017)

56 N.Y.S.3d 904

2017 NY Slip Op 06030

In the Matter of MICHAEL SHEARD, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided August 3, 2017.


Petitioner commenced this CPLR article 78 proceeding challenging two tier III determinations finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determinations have been administratively reversed, all references thereto have been expunged from petitioner's institutional record and both mandatory surcharges have been returned to petitioner's inmate account. In view of this, petitioner has been granted all...

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