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

Appellate Division of the Supreme Court of the State of New York·Decided June 24, 2010·Published·Cited by 1 cases

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] determination 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a [1672] determination 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.

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

Pincite

74 A.D.3d 1671 (Kalwasinski v. Kelly) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related