Opinion
526357
12-06-2018
In the Matter of Marquis ADAMS, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Marquis Adams, Dannemora, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel) for respondent.
Marquis Adams, Dannemora, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel) for respondent.
Before: Garry, P.J., McCarthy, Lynch, Rumsey 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 respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging 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. To the extent that petitioner seeks back pay and 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 Ortega v. Lee, 156 A.D.3d 1084, 1085, 65 N.Y.S.3d 485 [2017] [internal quotation marks and citations omitted]; accord Matter of Hamilton v. Bezio, 93 A.D.3d 1049, 1050, 940 N.Y.S.2d 496 [2012] ). Accordingly, and as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Boeck v. Annucci, 165 A.D.3d 1334, 1334, 82 N.Y.S.3d 748 [2018] ; Matter of Chao v. Hollingshead, 141 A.D.3d 1072, 1072, 35 N.Y.S.3d 673 [2016] ). As the record reflects that petitioner paid a reduced filing fee of $15 and he has requested reimbursement thereof, we grant petitioner's request for that amount.ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
Garry, P.J., McCarthy, Lynch, Rumsey and Pritzker, JJ., concur.