Matter of Kalwasinski v Fischer
2011 NY Slip Op 05389 [85 AD3d 1471]
June 23, 2011
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


In the Matter of Mitchell J. Kalwasinski, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, 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, 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 [2011]; Matter of Harrison v Bezio, 77 AD3d 1000 [2010]).

Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.