Appellate Division of the Supreme Court of the State of New York November 23, 2011 (DeFilippo v. Connell)

Petitioner brought this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s