Matter of Kalwasinski v Fischer
2009 NY Slip Op 08392 [67 AD3d 1434]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


In the Matter of Mitchell Kalwasinski, Appellant, v Brian Fischer, as Commissioner of the New York State Department of Correctional Services, Respondent.

—[*1] Mitchell Kalwasinski, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered January 28, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Martoche, J.P., Smith, Fahey, Carni and Pine, JJ.