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IN THE MATTER OF ROCK v. FISCHER

57 A.D.3d 1144 (2008)

868 N.Y.S.2d 556

In the Matter of EDWARD ROCK Jr., Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

December 11, 2008.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding seeking to annul a tier III disciplinary determination finding him guilty of harassment. The Attorney General has advised this Court that the determination in issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge imposed has been refunded to petitioner. As such,...

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