State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: July 28, 2016 522446
________________________________
In the Matter of JAMES CHAO,
Petitioner,
v
MEMORANDUM AND JUDGMENT
TIMOTHY HOLLINGSHEAD, as
Correction Lieutenant at
Sullivan Correctional
Facility, et al.,
Respondents.
________________________________
Calendar Date: June 6, 2016
Before: Peters, P.J., Garry, Lynch, Devine and Aarons, JJ.
__________
James Chao, Fallsburg, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco of counsel), for respondents.
__________
Proceeding pursuant to CPLR article 78 (transferred to this
Court by order of the Supreme Court, entered in Sullivan County)
to review a determination of the Commissioner of Corrections and
Community Supervision finding petitioner guilty of violating
certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding
challenging 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
$5 surcharge has been refunded to petitioner's inmate account.
Although petitioner seeks to be restored to the status he enjoyed
prior to the disciplinary determination, including reinstatement
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to his prison job 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 Folk v Annucci, 122 AD3d 977, 978 [2014]). Given that
petitioner has received all of the relief to which he is
entitled, the petition must be dismissed as moot (see Matter of
Hill v Annucci, 136 AD3d 1081, 1082 [2016]; Matter of Folk v
Annucci, 122 AD3d at 978).
Peters, P.J., Garry, Lynch, Devine and Aarons, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court