Kalwasinski v. Bezio

Appellate Division of the Supreme Court of New York

Kalwasinski v. Bezio

69 A.D.3d 1093, 891 N.Y.2d 677

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 2010

StatusPublished

Cited by1 cases

This text of 69 A.D.3d 1093 (Kalwasinski v. Bezio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kalwasinski v. Bezio, 69 A.D.3d 1093, 891 N.Y.2d 677 (N.Y. Ct. App. 2010).

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Opinion

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

Peters, J.E, 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.

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

Peters, J.E, 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.

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Bluebook (online)

69 A.D.3d 1093, 891 N.Y.2d 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalwasinski-v-bezio-nyappdiv-2010.

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