Supreme Court, Appellate Division, Third Department, New York.
IN RE: Jahmel CLARK, Petitioner, v. James LECONEY, as Captain/Hearing Officer at Sullivan Correctional Facility, Respondent.
Decided: April 01, 2021
Before: Egan Jr., J.P, Clark, Aarons, Pritzker and Colangelo, JJ.
Jahmel Clark, Fallsburg, petitioner pro se. Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of the Commissioner of Corrections and Community Supervisions and a determination of the Superintendent of Sullivan Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging two determinations – one from a tier III disciplinary hearing and the other a tier II disciplinary hearing – finding petitioner guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determinations have 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. The Attorney General also indicates that the $15 reduced filing fee that petitioner was directed to pay in order to commence this proceeding has been refunded.1 We note that any loss of good time imposed as a result of the penalties imposed should also be restored (see Matter of Louime v. Venettozzi, 186 A.D.3d 1870, 1870, 129 N.Y.S.3d 351 ; Matter of Greene v. Annucci, 186 A.D.3d 1868, 1868, 129 N.Y.S.3d 354 ).
“To the extent that petitioner seeks to be restored to the status that he enjoyed prior to the disciplinary determination[s], he is not entitled to such relief, as inmates have no constitutional or statutory right to their prior housing or programming status” (Matter of Snyder v. Annucci, 188 A.D.3d 1531, 1532, 132 N.Y.S.3d 892  [internal quotation marks and citations omitted]). Furthermore, any claim that petitioner may have for money damages related to personal items confiscated or destroyed as a result of the disciplinary charges “must be asserted in the Court of Claims, not within a CPLR article 78 proceeding” (Matter of Taylor v. Kennedy, 159 A.D.2d 827, 827, 553 N.Y.S.2d 62 ; see Matter of Bennefield v. Annucci, 122 A.D.3d 1329, 1330, 995 N.Y.S.2d 435 ; Matter of Hodges v. Jones, 195 A.D.2d 647, 648, 600 N.Y.S.2d 645 ). Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Jefferies v. New York State Dept. of Corr. & Community Supervision, 190 A.D.3d 1250, 1250, 136 N.Y.S.3d 816 ; Matter of Upson v. Rich, 190 A.D.3d 1182, 1182, 136 N.Y.S.3d 799 ).
ADJUDGED that the petition is dismissed, as moot, without costs.
1. To the extent that petitioner asserts that the $15 reduced filing fee has not yet been refunded to his inmate account, the Commissioner of Corrections and Community Supervision is directed to take this corrective action and refund the amount of the reduced filing fee paid by petitioner (see generally Matter of Santana v. Annucci, 190 A.D.3d 1182, 1182 n., 136 N.Y.S.3d 800 ).
Egan Jr., J.P., Clark, Aarons, Pritzker and Colangelo, JJ., concur.
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