Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination that found him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. As the letter indicates that petitioner has yet to be refunded the mandatory $5 surcharge (see 7 NYCRR 253.7 [b]),...
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