Opinion
2014-04-17
In the Matter of Ramion BURT, Petitioner, v. William CONNOLLY, as Superintendent of Fishkill Correctional Facility, et al., Respondents.
Ramion Burt, Albion, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Ramion Burt, Albion, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating certain prison disciplinary rules. 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 mandatory $5 surcharge has been refunded to his inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Burroughs v. Martuscello, 111 A.D.3d 1208, 975 N.Y.S.2d 703 [2013];Matter of McKethan v. Prack, 111 A.D.3d 1046, 974 N.Y.S.2d 809 [2013] ). Contrary to petitioner's claim, he is not entitled to be restored to the status he enjoyed prior to the disciplinary determination ( see Matter of Houghtaling v. Fischer, 106 A.D.3d 1351, 965 N.Y.S.2d 394 [2013];Matter of Horace v. Fischer, 98 A.D.3d 1157, 950 N.Y.S.2d 603 [2012] ).
ADJUDGED that the petition is dismissed, as moot, without costs. STEIN, J.P., McCARTHY, GARRY and ROSE, JJ., concur.