Kalwasinski v. Kelly

Appellate Division of the Supreme Court of New York

Kalwasinski v. Kelly

74 A.D.3d 1671, 902 N.Y.S.2d 453

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

DecidedJune 24, 2010

StatusPublished

Cited by1 cases

This text of 74 A.D.3d 1671 (Kalwasinski v. Kelly) 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. Kelly, 74 A.D.3d 1671, 902 N.Y.S.2d 453 (N.Y. Ct. App. 2010).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a [1672]*1672determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto expunged from petitioner’s institutional record. Accordingly, inasmuch as petitioner has received all the relief to which he is entitled, this matter is dismissed as moot (see Matter of Kalwasinski v Bezio, 69 AD3d 1093 [2010]; Matter of Delgado v New York State Dept. of Corrections, 62 AD3d 1069, 1070 [2009]).

Mercure, J.P., Peters, Lahtinen, Malone Jr. and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a [1672]*1672determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto expunged from petitioner’s institutional record. Accordingly, inasmuch as petitioner has received all the relief to which he is entitled, this matter is dismissed as moot (see Matter of Kalwasinski v Bezio, 69 AD3d 1093 [2010]; Matter of Delgado v New York State Dept. of Corrections, 62 AD3d 1069, 1070 [2009]).

Mercure, J.P., Peters, Lahtinen, Malone Jr. and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.

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Bluebook (online)

74 A.D.3d 1671, 902 N.Y.S.2d 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalwasinski-v-kelly-nyappdiv-2010.

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