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In the Matter of Jovan Fludd, Petitioner-Appellant v. Robert A. Kirkpatrick

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


March 16, 2012

IN THE MATTER OF JOVAN FLUDD, PETITIONER-APPELLANT,
v.
ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered March 31, 2011 in a proceeding pursuant to CPLR article 78.

Matter of Matter of Fludd v Kirkpatrick

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 March 16, 2012

PRESENT: SMITH, J.P., FAHEY, LINDLEY, AND MARTOCHE, JJ.

The judgment denied the petition.

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

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

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