MATTER OF HARRELL v. ANNUCCI

535060.

208 A.D.3d 1533 (2022)

174 N.Y.S.3d 291

2022 NY Slip Op 05256

In the Matter of Christopher Harrell, 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 September 22, 2022.


Attorney(s) appearing for the Case

Christopher Harrell, Napanoch, petitioner pro se.

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

Garry, P.J., Clark, Reynolds Fitzgerald, Fisher and McShan, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge will be refunded to petitioner's account. To the extent that petitioner requests...

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