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Kalwasinski v. Fischer

December 30, 2009

IN THE MATTER OF MITCHELL KALWASINSKI, APPELLANT,
v.
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. (APPEAL NO. 2.)



Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered October 9, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition in its entirety.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 10, 2010

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Kalwasinski v Fischer (68 AD3d 1722 [2009]).

Present---Hurlbutt, J.P., Peradotto, Carni, Pine and Gorski, JJ.

20091230

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