Matter of Kalwasinski v Fischer
2009 NY Slip Op 09810 [68 AD3d 1723]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


In the Matter of Mitchell Kalwasinski, Appellant, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent. (Appeal No. 2.)

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

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

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered October 9, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition in its entirety.

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

Same memorandum as in Matter of Kalwasinski v Fischer (68 AD3d 1722 [2009]). Present—Hurlbutt, J.P., Peradotto, Carni, Pine and Gorski, JJ.