General

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

56 A.D.2d 1162866 N.Y.S.2d 913·New York Supreme Court, Appellate Division·2008·NY

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Opinion

In the Matter of Mitchell Kalwasinski, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent. (Proceeding No. 2.) [866 NYS2d 913] [MAJORITY] — 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, EJ., Hurlbutt, Lunn, Green and Gorski, JJ.