Opinion
2014-11-6
In the Matter of Semrau HARRIS, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Semrau Harris, Attica, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Semrau Harris, Attica, 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, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge is to be refunded to his inmate account. Notwithstanding his request, petitioner is not entitled to be restored to the status he enjoyed prior to the issuance of the disciplinary determination ( see Matter of Herring v. Prack, 118 A.D.3d 1200, 987 N.Y.S.2d 269 [2014]; Matter of Burt v. Connolly, 116 A.D.3d 1283, 983 N.Y.S.2d 749 [2014] ). Accordingly, given that petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot ( see Matter of Scott v. Fischer, 119 A.D.3d 1307, 989 N.Y.S.2d 922 [2014]; Matter of Loper v. Fischer, 118 A.D.3d 1234, 988 N.Y.S.2d 502 [2014] ).
ADJUDGED that the petition is dismissed, as moot, without costs. PETERS, P.J., LAHTINEN, GARRY, LYNCH and CLARK, JJ., concur.