Opinion
2012-05-24
In the Matter of Todd SCOTT, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Todd Scott, Alden, petitioner pro se. *922 Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Todd Scott, Alden, petitioner pro se. *922 Eric T. Schneiderman, Attorney General, Albany (Frank Brady 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 respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Given that petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Jackson v. Prack, 89 A.D.3d 1297, 932 N.Y.S.2d 739 [2011]; Matter of Jones v. Prack, 87 A.D.3d 1256, 929 N.Y.S.2d 889 [2011] ). Although petitioner seeks restoration to the program status he enjoyed prior to the disciplinary determination, he has no constitutional or statutory right to such relief ( see Matter of Applegate v. Fischer, 89 A.D.3d 1303, 1304, 936 N.Y.S.2d 329 [2011]; Matter of Rhodes v. Smith, 78 A.D.3d 1391, 1391, 910 N.Y.S.2d 699 [2010] ).
ADJUDGED that the petition is dismissed, as moot, without costs.