Opinion
2012-02-9
In the Matter of Mitchell J. KALWASINSKI, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Mitchell J. Kalwasinski, Romulus, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Mitchell J. Kalwasinski, Romulus, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
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.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating numerous prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the petition is dismissed as moot ( see Matter of Joseph v. LaClair, 87 A.D.3d 780, 780–781, 927 N.Y.S.2d 806 [2011]; Matter of Kairis v. Fischer, 86 A.D.3d 868, 868, 927 N.Y.S.2d 611 [2011] ).
ADJUDGED that the petition is dismissed, as moot, without costs.