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MATTER OF STUBBS v. VENETTOZZI

534140.

204 A.D.3d 1215 (2022)

164 N.Y.S.3d 536

2022 NY Slip Op 02477

In the Matter of Michael Stubbs, Petitioner, v. Donald Venettozzi, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided April 14, 2022.

Attorney(s) appearing for the Case

Michael Stubbs, Buffalo, petitioner pro se.

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

Egan Jr., J.P., Aarons, Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur.

Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III disciplinary determination. 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 mandatory $5 surcharge will be refunded to petitioner's institutional account.* Although not referenced by the Attorney General, the penalty imposed...

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