MatterofFolkvAnnucci

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 6, 2014
• Docket: 518046
• Status: Published

Opinion

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: November 6, 2014 518046 ________________________________

In the Matter of KEITH FOLK, Petitioner, v MEMORANDUM AND JUDGMENT AND ORDER ANTHONY ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. ________________________________

Calendar Date: September 16, 2014

Before: Lahtinen, J.P., McCarthy, Rose, Devine and Clark, JJ.

__________

Keith Folk, Stormville, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

(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 which found petitioner guilty of violating a prison disciplinary rule, and (2) motion for, among other things, back pay.

Petitioner commenced this proceeding to challenge a prison disciplinary determination. 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 mandatory surcharge has been refunded to his inmate account. Although petitioner requests, both in his petition and more particularly by motion, that he be restored to the status that he enjoyed prior to the disciplinary determination, including reinstatement to his prior -2- 518046

job assignment and back pay, "inmates have no constitutional or statutory right to their prior housing or programming status" (Matter of Hamilton v Bezio, 93 AD3d 1049, 1050 [2012]; see Matter of Herring v Prack, 118 AD3d 1200, 1200 [2014]). Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Rafi v Prack, 116 AD3d 1324, 1325 [2014]).

Lahtinen, J.P., McCarthy, Rose, Devine and Clark, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.

ORDERED that the motion is denied, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court