Matter of Simmons v Fischer
2010 NY Slip Op 09829 [79 AD3d 1823]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


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

—[*1] Alphonso Simmons, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered March 27, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

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