116 A.D.3d 1283 983 N.Y.S.2d 749

In the Matter of Ramion Burt, Petitioner, v William Connolly, as Superintendent of Fishkill Correctional Facility, et al., Respondents.

[983 NYS2d 749]

— 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 Commissioner of Corrections and Community Supervision 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 violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to his inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Burroughs v Martuscello, 111 AD3d 1208 [2013]; Matter of McKethan v Prack, 111 AD3d 1046 [2013]). Contrary to petitioner’s claim, he is not entitled to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of Houghtaling v Fischer, 106 AD3d 1351 [2013]; Matter of Horace v Fischer, 98 AD3d 1157 [2012]).

Stein, J.P, McCarthy, Garry and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Burt v. Connolly
116 A.D.3d 1283 983 N.Y.S.2d 749

Case Details

Name
Burt v. Connolly
Decision Date
Apr 17, 2014
Citations

116 A.D.3d 1283

983 N.Y.S.2d 749

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!