Mitchell v. Department of Corrections & Community Supervision

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: September 22, 2016 522504 ________________________________ In the Matter of JASPER MITCHELL, Petitioner, v MEMORANDUM AND JUDGMENT DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent. ________________________________ Calendar Date: August 8, 2016 Before: Peters, P.J., McCarthy, Garry, Lynch and Mulvey, JJ. __________ Jasper Mitchell, Coxsackie, 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 Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule. Petitioner commenced this CPLR article 78 proceeding to challenge a determination rendered after a tier III disciplinary hearing finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has since 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. In view of this, and given that petitioner has received all of the relief to which he -2- 522504 is entitled, the petition must be dismissed as moot (see Matter of Tolliver v Fischer, 140 AD3d 1507 [2016]; Matter of Ballard v Racette, 140 AD3d 1428 [2016]). We note that petitioner is not entitled to be restored to the status that he enjoyed prior to the disciplinary determination (see Matter of Thompson v Annucci, 140 AD3d 1521 [2016]; Matter of Khudan v Annucci, 139 AD3d 1198 [2016]). Peters, P.J., McCarthy, Garry, Lynch and Mulvey, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs. ENTER: Robert D. Mayberger Clerk of the Court