MATTER OF NELSON v. ANNUCCI

523999.

159 A.D.3d 1201 (2018)

70 N.Y.S.3d 99

2018 NY Slip Op 01685

In the Matter of SEAN NELSON, 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 March 15, 2018.


Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III disciplinary determination finding him guilty of violating a prison disciplinary rule. 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 $5 mandatory surcharge was not charged to petitioner's institutional account. Accordingly, petitioner has received...

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