| Matter of Mercer v Artus |
| 2010 NY Slip Op 00744 [70 AD3d 1073] |
| February 4, 2010 |
| Appellate Division, Third Department |
| In the Matter of James R. Mercer Jr., Appellant, v Dale Artus, asSuperintendent of Clinton Correctional Facility, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 17, 2009 inClinton County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of respondent finding petitioner guilty of violating certainprison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding seeking, among other things, toannul and expunge from his institutional record a tier II disciplinary determination that foundhim guilty of interfering with an employee and refusing a direct order. Supreme Court dismissedthe petition, prompting this appeal. The Attorney General has informed this Court that, duringthe pendency of this appeal, the determination at issue has been administratively reversed and allreferences thereto have been expunged from petitioner's institutional record. To the extent thatpetitioner seeks to be restored to the status he enjoyed prior to the disciplinary hearing, "inmateshave no statutory or constitutional right to their prior housing or programming status"(Matter of Jackson v Coughlin, 199 AD2d 704 [1993]; accord Matter of Grant v Fischer, 63AD3d 1398, 1399 [2009]). Accordingly, inasmuch as petitioner has received all the relief towhich he is entitled, the appeal is dismissed as moot (see Matter of Hinds v Venettozzi, 64 AD3d 1095, 1096 [2009]).
Cardona, P.J., Peters, Rose, Kavanagh and McCarthy, JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.