MATTER OF DRAKE v. ANNUCCI

529218.

179 A.D.3d 1374 (2020)

114 N.Y.S.3d 732

2020 NY Slip Op 00467

In the Matter of Wallace Drake, 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 January 23, 2020.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination that found him guilty of violating certain prison disciplinary rules following a hearing. 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 has been refunded to petitioner's inmate account. As petitioner has...

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