Opinion
2012-09-13
In the Matter of Keith HORACE, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Keith Horace, Gouverneur, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Keith Horace, Gouverneur, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, SPAIN, STEIN and McCARTHY, JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the *604Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner 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 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 the relief to which he is entitled, the petition must be dismissed as moot ( see Matter of Garner v. Bezio, 95 A.D.3d 1585, 943 N.Y.S.2d 923 [2012];Matter of Torres v. Bezio, 92 A.D.3d 1053, 937 N.Y.S.2d 900 [2012] ). 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 Abdul–Malik v. Palin, 85 A.D.3d 1413, 924 N.Y.S.2d 859 [2011] ).
ADJUDGED that the petition is dismissed, as moot, without costs.