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In re Houghtaling

Supreme Court of New York, Third Department

May 23, 2013

In the Matter of JEFFREY B. HOUGHTALING, Petitioner,
v.
BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date: April 3, 2013

Jeffrey B. Houghtaling, Rochester, petitioner pro se.

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

Before: Peters, P.J., Lahtinen, Spain and Egan Jr., JJ.

MEMORANDUM AND JUDGMENT

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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of numerous prison disciplinary rule violations. 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. Accordingly, given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Murgo v Racette, 100 A.D.3d 1244, 1244 [2012]; Matter of Walker v Fischer, 100 A.D.3d 1174, 1174 [2012]). We note that petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of Horace v Fischer, 98 A.D.3d 1157, 1157 [2012]; Matter of Garner v Bezio, 95 A.D.3d 1585, 1585 [2012]).

Peters, P.J., Lahtinen, Spain and Egan Jr., JJ., concur.

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


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