| IN THE MATTER OF MITCHELL KALWASINSKI V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: NOS. CA 08-00789 AND CA 09-00965 |
| Slip Opinion No: 2009 NY Slip Op 72932(U) |
| Decided on May 20, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 08-00789 AND CA 09-00965
| IN THE MATTER OF MITCHELL KALWASINSKI, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved to consolidate the appeals taken from judgments of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 26, 2008 and October 9, 2008,
Now, upon reading and filing the affidavit of Mitchell Kalwasinski sworn to May 5, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals from the judgments entered March 26, 2008 and October 9, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: May 20, 2009
Patricia L. Morgan, Clerk