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In re Kalwasinski

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 2010
69 A.D.3d 1093 (N.Y. App. Div. 2010)

Opinion

January 14, 2010.

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 the Commissioner of Correctional Services which found petitioner guilty Of violating certain prison disciplinary rules.

Before: Peters, J.P., Spain, Rose, Kavanagh and Stein, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has since been administratively reversed and all references thereto expunged from petitioner's institutional record. In view of this, and given that petitioner has been awarded all the relief to which he is entitled, the matter must be dismissed as moot ( see Matter of Delgado v New York State Dept. of Corrections, 62 AD3d 1069, 1070; Matter of Hart v Fischer, 60 AD3d 1226).

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.


Summaries of

In re Kalwasinski

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 2010
69 A.D.3d 1093 (N.Y. App. Div. 2010)
Case details for

In re Kalwasinski

Case Details

Full title:In the Matter of MITCHELL J. KALWASINSKI, Petitioner, v. NORMAN BEZIO, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 14, 2010

Citations

69 A.D.3d 1093 (N.Y. App. Div. 2010)
891 N.Y.S.2d 677

Citing Cases

In re Kalwasinski

The Attorney General has advised this Court that the determination has been administratively reversed and all…