Bornstorff v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of possessing unauthorized gang material. The Attorney General has advised this Court that such determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and petitioner…