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In the Matter of Mitchell Kalwasinski v. Brian Fischer

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

IN THE MATTER OF MITCHELL KALWASINSKI, PETITIONER-APPELLANT,
v.
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.

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.

1503

PRESENT: HURLBUTT, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.

MEMORANDUM AND ORDER

(APPEAL NO. 2.)

The judgment dismissed the petition in its entirety. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs. Same Memorandum as in Matter of Kalwasinski v Fischer ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2009]).

Patricia L. Morgan Clerk of the Court

20091230

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