MATTER OF PATTERSON v. KEYSER

534817.

207 A.D.3d 981 (2022)

170 N.Y.S.3d 518

2022 NY Slip Op 04688

In the Matter of Bernard Patterson, Petitioner, v. William Keyser, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided July 21, 2022.


Attorney(s) appearing for the Case

Bernard Patterson, Romulus, petitioner pro se.

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

Egan Jr., J.P., Clark, Ceresia, Fisher and McShan, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule. 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 institutional account. Given that petitioner has received all of...

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