Matter of Kalwasinski v Fischer
2009 NY Slip Op 09815 [68 AD3d 1726]
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. 3.)

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

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered March 24, 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 for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Peradotto, Carni, Pine and Gorski, JJ.