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Kalwasinski v. Fischer

April 30, 2010

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



Appeal from a judgment (denominated order) of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered April 6, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted respondent's motion to dismiss the petition as untimely.

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

As corrected through Wednesday, June 9, 2010

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

Present---Scudder, P.J., Martoche, Lindley, Green and Gorski, JJ.

20100430

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