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MATTER OF ADAMS v. ANNUCCI

532616.

195 A.D.3d 1298 (2021)

145 N.Y.S.3d 874

2021 NY Slip Op 03899

In the Matter of Anthony Adams, 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 June 17, 2021.

Attorney(s) appearing for the Case

Anthony Adams, Elmira, petitioner pro se.

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

Garry, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III 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 and all references thereto have been expunged from petitioner's institutional record, and that the mandatory $5 surcharge was never deducted from petitioner...

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