MATTER OF UPSON v. RICH

531642.

190 A.D.3d 1182 (2021)

136 N.Y.S.3d 799

2021 NY Slip Op 00353

In the Matter of Jamel Upson, Petitioner, v. John Rich, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided January 21, 2021.


Attorney(s) appearing for the Case

Jamel Upson, Elmira, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark, Mulvey and Aarons, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating certain prison disciplinary rules. 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner...

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