| Matter of McKethan v Leclaire |
| 2008 NY Slip Op 00403 [47 AD3d 1151] |
| January 24, 2008 |
| Appellate Division, Third Department |
| In the Matter of William McKethan, Appellant, v Lucien J.Leclaire, Jr., as Commissioner of Correctional Services, et al.,Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondents.
Appeal from a judgment of the Supreme Court (Connolly, J.), entered May 21, 2007 inAlbany County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of the Central Office Review Committee denying hisgrievance.
Petitioner, a prison inmate, filed a grievance seeking to have his job pay rate restored from$0.35 per hour back to the $0.45 per hour that he had been making prior to having been foundguilty of violating a prison disciplinary rule and serving time in the special housing unit.Following the denial of his grievance, petitioner commenced this CPLR article 78 proceeding. Inaddition to requesting that the grievance determination be overturned and his pay rate beincreased to $0.45 per hour, petitioner sought to be awarded back pay. Supreme Court dismissedthe petition and this appeal ensued.
We affirm. The Attorney General has advised this Court that, effective June 25, 2007,petitioner's pay rate was restored to the requested $0.45 per hour. Thus, that issue is moot (see Matter of Medina v New York StateDept. of Correctional Servs., 43 AD3d 1236, 1236 [2007]). As for petitioner's demandfor back pay, such relief is not available in a CPLR article 78 proceeding (see Matter ofNowlin v Schriver, 278 AD2d 631, 632 [2000], lv denied 96 NY2d 711 [2001]).[*2]
Cardona, P.J., Mercure, Peters, Carpinello and Rose, JJ.,concur. Ordered that the judgment is affirmed, without costs.