From Casetext: Smarter Legal Research

In re Mitchell Kalwasinski

Appellate Division of the Supreme Court of New York, Third Department
Jun 23, 2011
85 A.D.3d 1471 (N.Y. App. Div. 2011)

Opinion

No. 511188.

June 23, 2011.

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 which found petitioner guilty of violating certain prison disciplinary rules.

Mitchell J. Kalwasinski, Romulus, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.

Before: Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ.


Petitioner, a prison inmate, was found guilty of harassment and interference with an employee following a tier III disciplinary hearing. When that determination was upheld on administrative appeal with a modified penalty, petitioner commenced this CPLR article 78 proceeding. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, petitioner has been granted all the relief to which he is entitled and the petition must be dismissed as moot ( see Matter of Rogers v Fischer, 81 AD3d 1025, 1025; Matter of Harrison v Bezio, 77 AD3d 1000).

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


Summaries of

In re Mitchell Kalwasinski

Appellate Division of the Supreme Court of New York, Third Department
Jun 23, 2011
85 A.D.3d 1471 (N.Y. App. Div. 2011)
Case details for

In re Mitchell Kalwasinski

Case Details

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

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

Date published: Jun 23, 2011

Citations

85 A.D.3d 1471 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5389
925 N.Y.S.2d 905

Citing Cases

In the Matter of Vernon Jackson v. Prack

The Attorney General has advised this Court that the determination at issue has been administratively…

In Matter of Jackson v. Prack

The Attorney General has advised this Court that the determination at issue has been administratively…