| IN THE MATTER OF MITCHELL KALWASINSKI V GEORGE ALEXANDER, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE |
| Motion No: CA 08-01495 |
| Slip Opinion No: 2009 NY Slip Op 86628(U) |
| Decided on October 21, 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 NO. CA 08-01495
| IN THE MATTER OF MITCHELL KALWASINSKI, PETITIONER-APPELLANT,
V GEORGE ALEXANDER, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on June 9, 2008,
Now, upon reading and filing the affidavit of Mitchell J. Kalwasinski sworn to September 24, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Kathleen M. Arnold dated October 8, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Matter of Kalwasinski v Pataki, 25 AD3d 835 [2006]).
Entered: October 21, 2009
Patricia L. Morgan, Clerk