Opinion
526560
07-25-2019
In the Matter of Jessie J. BARNES, Appellant, v. Doe CARRIGAN, as Investigator for the Office of Special Investigations, et al., Respondents.
Jessie J. Barnes, Malone, appellant pro se. Letitia James, Attorney General, Albany (Laura Etlinger of counsel), for respondents.
Jessie J. Barnes, Malone, appellant pro se.
Letitia James, Attorney General, Albany (Laura Etlinger of counsel), for respondents.
Before: Garry, P.J., Mulvey, Aarons, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Mulvey, J. Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to compel respondents to remove and expunge all references to an incident contained in an unusual incident report and use of force report from all records maintained by the Department of Corrections and Community Supervision. Supreme Court granted the petition to the extent of directing expungement of those reports only from petitioner's institutional record. Petitioner appeals, contending that Supreme Court erred in not awarding him reimbursement of his filing fee and other related expenses. Because the record does not reflect that petitioner sought recovery of any costs or disbursements in connection with his petition or, thereafter, moved in Supreme Court for an award of costs and disbursements, the court did not err in failing to award such relief.
Garry, P.J., Aarons, Rumsey and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed, without costs.