Matter of Kalwasinski v Fischer
2010 NY Slip Op 03614 [72 AD3d 1581]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


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

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

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered April 6, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted respondent's motion to dismiss the petition as untimely.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Martoche, Lindley, Green and Gorski, JJ.