Matter of Kalwasinski v Fischer
2008 NY Slip Op 08808 [56 AD3d 1162]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


In the Matter of Mitchell Kalwasinski, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent. (Proceeding No. 2.)

—[*1] Wyoming County-Attica Legal Aid Bureau, Warsaw (Neal J. Mahoney of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondent.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Mark H. Dadd, A.J.], entered April 15, 2008) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated various inmate rules.

It is hereby ordered that said proceeding is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Scudder, P.J., Hurlbutt, Lunn, Green and Gorski, JJ.