Matter of McGee v. Smith

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 the Superintendent of Sullivan Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination that found him guilty of being out of place and a movement regulation violation. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged…