Matter of Bain v. Annucci

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

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination that found him guilty of a phone program violation. The Attorney General has informed this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the…