Opinion
520944
11-12-2015
In the Matter of Carolyn WARMUS, Petitioner, v. Sabina KAPLAN, as Superintendent of Bedford Hills Correctional Facility, et al., Respondents.
Carolyn Warmus, Bedford Hills, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Carolyn Warmus, Bedford Hills, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Opinion
(1) 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 Superintendent of Bedford Hills Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules, and (2) motions to strike respondents' in camera exhibit and respondents' brief.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding her guilty of violating certain prison disciplinary rules. 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. Although petitioner seeks to be restored to her prior status, she is not entitled to such relief (see Matter of McLee v. Annucci, 131 A.D.3d 768, 14 N.Y.S.3d 716 [2015] ; Matter of Woods v. Annucci, 131 A.D.3d 742, 743, 13 N.Y.S.3d 921 [2015] ). Accordingly, given that petitioner has received all of the relief to which she is entitled, the petition must be dismissed as moot (see Matter of McKethan v. Prack, 111 A.D.3d 1046, 974 N.Y.S.2d 809 [2013] ; Matter of Campbell v. Fischer, 89 A.D.3d 1363, 1364, 933 N.Y.S.2d 622 [2011] ). Furthermore, inasmuch as the disciplinary determination has been administratively reversed, petitioner's motions to strike respondents' in camera exhibit and respondents' brief are denied as academic.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
ORDERED that the motions are denied, without costs.
McCARTHY, J.P., GARRY, ROSE and DEVINE, JJ., concur.