Opinion
518742
11-06-2014
In the Matter of Nicole RADUNS, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.
Nicole Raduns, Albion, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Nicole Raduns, Albion, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Opinion 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 commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been 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. Petitioner is not entitled to be restored to the status she enjoyed prior to the disciplinary determination (see Matter of Herring v. Prack, 118 A.D.3d 1200, 1200, 987 N.Y.S.2d 269 [2014] ; Matter of Burt v. Connolly, 116 A.D.3d 1283, 1283, 983 N.Y.S.2d 749 [2014] ). In view of this and given that petitioner has received all of the relief to which she is entitled, the matter is dismissed as moot (see Matter of Scott v. Fischer, 119 A.D.3d 1307, 1307, 989 N.Y.S.2d 922 [2014] ; Matter of Hughes v. Venettozzi, 117 A.D.3d 1248, 1248–1249, 984 N.Y.S.2d 888 [2014] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
PETERS, P.J., McCARTHY, ROSE, LYNCH and DEVINE, JJ., concur.