Opinion
09-22-2016
In the Matter of Jasper MITCHELL, Petitioner, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Jasper Mitchell, Coxsackie, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Jasper Mitchell, Coxsackie, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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 a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding to challenge a determination rendered after a tier III disciplinary hearing finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Tolliver v. Fischer, 140 A.D.3d 1507, 33 N.Y.S.3d 773 [2016] ; Matter of Ballard v. Racette, 140 A.D.3d 1428, 32 N.Y.S.3d 518 [2016] ). We note that petitioner is not entitled to be restored to the status that he enjoyed prior to the disciplinary determination (see
Matter of Thompson v. Annucci, 140 A.D.3d 1521, 33 N.Y.S.3d 777 [2016]; Matter of Khudan v. Annucci, 139 A.D.3d 1198, 29 N.Y.S.3d 827 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
PETERS, P.J., McCARTHY, GARRY, LYNCH and MULVEY, JJ., concur.