Opinion
524974
12-14-2017
In the Matter of Michael H. MORGAN, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Michael H. Morgan, Gouverneur, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for respondent.
Michael H. Morgan, Gouverneur, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for respondent.
Before: Egan Jr., J.P., Rose, Clark, Aarons 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 seeking 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 seeks to be restored to the status he enjoyed prior to the disciplinary determination, including reinstatement to his prison job ..., inmates have no constitutional or statutory right to their prior housing or programming status" ( Matter of Chao v. Hollingshead, 141 A.D.3d 1072, 1072, 35 N.Y.S.3d 673 [2016] [internal quotation marks and citations omitted]; see Matter of Folk v. Annucci, 122 A.D.3d 977, 978, 994 N.Y.S.2d 550 [2014] ; see also Matter of Shepherd v. Annucci, 153 A.D.3d 1495, 1495, 61 N.Y.S.3d 386 [2017] ; Matter of Scott v. Fischer, 95 A.D.3d 1576, 1577, 943 N.Y.S.2d 921 [2012] ). Accordingly, and inasmuch as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Shepherd v. Annucci, 153 A.D.3d at 1495, 61 N.Y.S.3d 386 ; Matter of Chao v. Hollingshead, 141 A.D.3d at 1072, 35 N.Y.S.3d 815 ). As the record reflects that petitioner paid a reduced filing fee of $15, and he has requested a refund thereof, we grant such request for reimbursement of said amount.ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
Egan Jr., J.P., Rose, Clark, Aarons and Prizker, JJ., concur.