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In the Matter of Demar Mathis

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


February 18, 2011

IN THE MATTER OF DEMAR MATHIS,
PETITIONER-RESPONDENT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-APPELLANT. (APPEAL NO. 1.)

Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered September 17, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

Matter of Mathis v New York State Dept. of Correctional Servs.

Decided on February 18, 2011

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.

Decided on February 18, 2011

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GORSKI, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).

Entered: February 18, 2011

Patricia L. Morgan Clerk of the Court

20110218

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