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MATTER OF KIRSHTEIN v. NEW YORK STATE DEPT. OF CORR. & COMMUNITY SUPERVISION

522713.

142 A.D.3d 1246 (2016)

37 N.Y.S.3d 718

In the Matter of MICHAEL KIRSHTEIN, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided September 22, 2016.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating certain prison disciplinary rules following a tier II hearing. The Attorney General has advised this Court that the determination at issue has since 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 inmate account. In view of this, and...

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