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In the Matter of Alphonso Simmons v. Brian Fischer

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


December 30, 2010

IN THE MATTER OF ALPHONSO SIMMONS,
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 March 27, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

Matter of Simmons v Fischer

Appellate Division, Fourth Department

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.

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

Entered: December 30, 2010

Patricia L. Morgan Clerk of the Court

20101230

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