MATTER OF HERNANDEZ v. GOORD

After commencing this CPLR article 78 proceeding, the determination finding petitioner guilty of violating various prison disciplinary rules was administratively reversed and all references thereto were expunged from petitioner's institutional record. Respondents, accordingly, request that the matter be dismissed as moot. Petitioner opposes respondents' request in part because he seeks to be returned to the correctional facility where he was housed prior to this incident. It is within the authority of respondent Commissioner of Correctional Services "to transfer inmates from one correctional facility to another and inmates have no constitutional or statutory right to their prior housing status" (Matter of Howard v. Miller, 193 A.D.2d 988, 989). Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Akam v. Dufrain, 274 A.D.2d 707).

ADJUDGED that the petition is dismissed, as moot, without costs.