Opinion
526347
07-26-2018
In the Matter of Anthony N. ADAMS, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Anthony N. Adams, Elmira, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel), for respondent.
Anthony N. Adams, Elmira, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel), for respondent.
Before: McCarthy, J.P., Lynch, Clark, Mulvey and Pritzker, JJ.
MEMORANDUM AND JUDGMENT
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 Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination 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 inmate account. Although petitioner also seeks restoration of his wife's visitation privileges that were previously revoked, "an inmate lacks standing to challenge the suspension of another's visitation privileges" ( Matter of Carter v. Rock, 77 A.D.3d 1005, 1005, 908 N.Y.S.2d 754 [2010] ) as "it is their ability to visit, rather than his ability to receive visitors, that is restricted" ( Matter of Cortorreal v. Goord, 36 A.D.3d 1005, 1006, 825 N.Y.S.2d 846 [2007], lv denied 8 N.Y.3d 811, 836 N.Y.S.2d 550, 868 N.E.2d 233 [2007] ). As to petitioner's request that he be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to such relief (see Matter of Harrison v. Annucci, 159 A.D.3d 1255, 1255–1256, 70 N.Y.S.3d 102 [2018] ; Matter of Smith v. Prack, 131 A.D.3d 784, 784, 14 N.Y.S.3d 722 [2015] ). Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Brown v. Annucci, 157 A.D.3d 1182, 1182, 67 N.Y.S.3d 507 [2018] ; Matter of Wallace v. Annucci, 157 A.D.3d 1171, 1171, 67 N.Y.S.3d 513 [2018] ). As the record reflects that petitioner paid a reduced filing fee of $50, and he has requested reimbursement thereof, we grant petitioner's request for that amount.ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.
Petitioner's visitation privileges were restored on January 29, 2018, but his wife's ability to visit him was suspended by the Superintendent of the correctional facility until July 25, 2019.
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McCarthy, J.P., Lynch, Clark, Mulvey and Pritzker, JJ., concur.