MATTER OF KALWASINSKI v. FISCHER

512828.

92 A.D.3d 1069 (2012)

937 N.Y.S.2d 894

2012 NY Slip Op 889

In the Matter of MITCHELL J. KALWASINSKI, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 9, 2012.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating numerous prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received all the...

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