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MATTER OF CUMBERLAND v. VENETTOZZI

529094.

178 A.D.3d 1225 (2019)

111 N.Y.S.3d 919

2019 NY Slip Op 08905

In the Matter of Robert Cumberland, Petitioner, v. Donald Venettozzi, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Robert Cumberland, Comstock, petitioner pro se.

Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Egan Jr., J.P., Devine, Aarons and Pritzker, JJ., concur.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination rendered following a rehearing. The Attorney General has advised this Court that the determination at issue 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 inmate account. The record reflects that...

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