Howell v. Fischer

— 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.

Following a tier III disciplinary hearing, petitioner was found guilty of violating a prison disciplinary rule and the determination was affirmed on administrative appeal. Thereafter, he commenced this CPLR article 78 proceeding challenging the determination. The Attorney General has advised this Court that the determination has been administratively reversed,…