| Matter of Wooley v New York State Dept. of CorrectionalServs. |
| 2010 NY Slip Op 00332 [69 AD3d 1073] |
| January 14, 2010 |
| Appellate Division, Third Department |
| In the Matter of Robert Wooley, Petitioner, v New York StateDepartment of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul a tier IIIdisciplinary determination which found him guilty of smuggling and possession of stolenproperty. The Attorney General has advised this Court that the determination at issue has beenadministratively reversed and all references thereto have been expunged from petitioner'sinstitutional record. To the extent that petitioner seeks to be restored to the status he enjoyedprior to the disciplinary hearing, "inmates have no statutory or constitutional right to their priorhousing or programming status" (Matter of Jackson v Coughlin, 199 AD2d 704 [1993];see Matter of Grant v Fischer, 63AD3d 1398, 1399 [2009]). Accordingly, inasmuch as petitioner has received all the relief towhich he is entitled, the proceeding is dismissed as moot (see Matter of Mosher v Goord,300 AD2d 726 [2002]).
Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur. Adjudged that the petitionis dismissed, as moot, without costs.