Opinion
2011-08-4
In the Matter of Carlo HUSTON, Petitioner,v.Norman BEZIO, as Director ofSpecial Housing and Inmate Disciplinary Programs, Respondent.
Carlo Huston, Ossining, 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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination finding him guilty of smuggling and possession of an unauthorized mess hall container in violation of prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all *808 references thereto expunged from petitioner's institutional record. As a result, and inasmuch as “inmates have no statutory or constitutional right to their prior housing or programming status,” petitioner has received all the relief to which he is entitled ( Matter of Jackson v. Coughlin, 199 A.D.2d 704, 704, 605 N.Y.S.2d 979 [1993]; accord Matter of Mercer v. Artus, 70 A.D.3d 1073, 1073–1074, 892 N.Y.S.2d 811 [2010]; see Matter of Correnti v. LeClaire, 52 A.D.3d 1153, 1153, 859 N.Y.S.2d 389 [2008] ). Accordingly, this proceeding is dismissed as moot.
ADJUDGED that the petition is dismissed, as moot, without costs.