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Kalwasinski v. Bezio

State of New York Supreme Court, Appellate Division Third Judicial Department


January 14, 2010

IN THE MATTER OF MITCHELL J. KALWASINSKI, PETITIONER,
v.
NORMAN BEZIO, AS DIRECTOR OF SPECIAL HOUSING AND INMATE DISCIPLINARY PROGRAMS, RESPONDENT.

MEMORANDUM AND JUDGMENT

Calendar Date: November 4, 2009

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

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.

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 Correctional Servs., 62 AD3d 1069, 1070 [2009]; Matter of Hart v Fischer, 60 AD3d 1226 [2009]).

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

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

20100114

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