Opinion
91798
Decided and Entered: December 5, 2002.
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 respondent which found petitioner guilty of violating a prison disciplinary rule.
Edward L. Mosher, Rome, petitioner pro se.
Eliot Sptizer, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Before: CARDONA, P.J., CREW III, MUGGLIN, ROSE and LAHTINEN, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of failing to comply with urinalysis testing rules in violation of a prison disciplinary rule. The Attorney General has advised this Court that the underlying determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Although petitioner seeks to be restored to the status that he enjoyed prior to being charged with the disciplinary violation, "inmates have no statutory or constitutional right to their prior housing or programming status" (Matter of Jackson v. Coughlin, 199 A.D.2d 704, 704;see Matter of Brown v. Goord, 290 A.D.2d 901; Matter of Thomas v. Selsky, 286 A.D.2d 535, appeal dismissed 97 A.D.2d 637). Consequently, inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Maldonado v. Miller, 259 A.D.2d 912).
CARDONA, P.J., CREW III, MUGGLIN, ROSE and LAHTINEN, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.