MATTER OF BAXTER v. ANNUCCI

533410.

204 A.D.3d 1203 (2022)

164 N.Y.S.3d 530

2022 NY Slip Op 02471

In the Matter of Jason Baxter, Appellant, 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 April 14, 2022.


Attorney(s) appearing for the Case

Jason Baxter, Collins, appellant pro se.

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

Garry, P.J., Clark, Colangelo, Ceresia and Fisher, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding raising various procedural challenges to a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. Following joinder of issue, Supreme Court dismissed the petition, and this appeal ensued. 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...

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