| Matter of Kalwasinski v Bezio |
| 2012 NY Slip Op 00435 [91 AD3d 1223] |
| January 26, 2012 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Mitchell Kalwasinski, Petitioner, v Norman R. Bezio, as Director of Special Housing and Inmate Disciplinary Programs, Respondent. |
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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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of creating a disturbance, interfering with employees and refusing a direct order. The Attorney General has advised this Court that the disciplinary determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to his inmate account. As such, petitioner has been afforded all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Doyle v Fischer, 87 AD3d 1189 [2011]; Matter of Joseph v LaClair, 87 AD3d 780, 781 [2011]).
Peters, J.P., Rose, Malone Jr., McCarthy and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.