Gillard v. Maly

— 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 Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination Ending him guilty of creating a disturbance. The Attorney General has informed this Court that, during the pendency of this proceeding, the determination has been administratively reversed,…