Opinion
No. 534874
07-28-2022
In the Matter of Jeffrey Morgan, Petitioner, v. Anthony Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Jeffrey Morgan, Sonyea, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Calendar Date:June 17, 2022
Jeffrey Morgan, Sonyea, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Aarons, J.P., Reynolds Fitzgerald, Ceresia, Fisher and McShan, JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of the Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary hearing finding that he violated 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 will be restored to petitioner's account. Although petitioner seeks to be restored to the programs status he enjoyed prior to the disciplinary proceeding, "he is not entitled to such relief, as incarcerated individuals have no constitutional or statutory right to their prior housing or programming status" (Matter of Houston v Annucci, 200 A.D.3d 1387, 1387 [2021] [internal quotation marks, brackets and citations omitted]; see Matter of Barrera v Panzarella, 185 A.D.3d 1362, 1362 [2020]). As petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Tucker v Annucci, 204 A.D.3d 1286, 1287 [2022]; Matter of Key v State of N.Y. Dept. of Corr. & Community Supervision, 203 A.D.3d 1374, 1374 [2022]).
Aarons, J.P., Reynolds Fitzgerald, Ceresia, Fisher and McShan, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.