Opinion
527214
04-18-2019
In the Matter of Paul WATKINS, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Paul Watkins, Romulus, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Paul Watkins, Romulus, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Clark, Devine and Aarons, JJ.
MEMORANDUM AND JUDGMENTProceeding 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 Superintendent of Five Points Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier II 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. To the extent that petitioner seeks to be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to such relief, "as inmates have no constitutional or statutory right to their prior housing or programming status" ( Matter of Adams v. Annucci, 167 A.D.3d 1125, 1126, 87 N.Y.S.3d 522 [2018] [internal quotation marks and citations omitted]; see Matter of Boeck v. Annucci, 165 A.D.3d 1334, 1334, 82 N.Y.S.3d 748 [2018] ). Accordingly, and as petitioner otherwise has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Ortiz v. Venettozzi, 167 A.D.3d 1200, 1201, 87 N.Y.S.3d 909 [2018] ; Matter of Herbert v. Venettozzi, 162 A.D.3d 1454, 1455, 75 N.Y.S.3d 920 [2018] ).
Garry, P.J., Egan Jr., Clark, Devine and Aarons, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.