Appellate Division of the Supreme Court of New York, 2011

Kalwasinski v. Fischer

Appellate Division of the Supreme Court of New York · Decided June 23, 2011

85 A.D.3d 1471; 925 N.Y.S.2d 905

Cases that cite this one

3 later published cases cite this decision.

Bryant v. Venettozzi (Appellate Division of the Supreme Court of New York 2013)
Bryant v. Venettozzi (Appellate Division of the Supreme Court of New York 2013)
Jackson v. Prack (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of harassment and interference with an employee following a tier III disciplinary hearing. When that determination was upheld on adminis*1472trative appeal with a modified penalty, petitioner commenced this CPLR article 78 proceeding. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, petitioner has been granted all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Rogers v Fischer, 81 AD3d 1025, 1025 [2011]; Matter of Harrison v Bezio, 77 AD3d 1000 [2010]).

Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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