MATTER OF MANUEL v. VENETTOZZI

525638.

161 A.D.3d 1440 (2018)

73 N.Y.S.3d 769

2018 NY Slip Op 03591

In the Matter of Barry Manuel, Petitioner, v. Donald Venettozzi, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 17, 2018.


Petitioner commenced this CPLR article 78 proceeding seeking to annul a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the administrative determination has been 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. To the extent that petitioner seeks to be restored...

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