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MATTER OF TERRY v. ANNUCCI

524295.

153 A.D.3d 1019 (2017)

56 N.Y.S.3d 895

2017 NY Slip Op 06039

In the Matter of ANDRE TERRY, Appellant, 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 to challenge a tier III disciplinary determination. Supreme Court dismissed the petition and this appeal ensued. The Attorney General has advised this Court that since the filing of the appeal, 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...

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