2015 NY Slip Op 06552
N.Y. App. Div. 3rd
2015

Matter of Smith v Prack

Appellate Division, Third Department, New York

August 13, 2015

2015 NY Slip Op 06552 [131 AD3d 784]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 23, 2015.

Jason Smith, Sonyea, 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating 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 $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 Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1216 [2014]). We note that petitioner has no right to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of Herring v Prack, 118 AD3d 1200 [2014]).

Lahtinen, J.P., McCarthy, Devine and Clark, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $305.