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Kalwasinski v. Fischer

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


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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