NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
April 30, 2010
IN THE MATTER OF MITCHELL KALWASINSKI, APPELLANT,
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.
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