Matter of Kalwasinski v Fischer

Feb 9, 2012
512828
Versions:2012 NY Slip Op 00889
92 AD3d 1069

In the Matter of Mitchell J. Kalwasinski, Petitioner,
v
Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

—[*1] 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 AD3d 780, 780-781 [2011]; Matter of Kairis v Fischer, 86 AD3d 868, 868 [2011]).

Mercure, A.P.J., Lahtinen, Malone Jr., Kavanagh and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.