Matter of Mitchell v Fischer
2012 NY Slip Op 04573 [96 AD3d 1475]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


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

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

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered October 6, 2010 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—Scudder, P.J., Centra, Fahey, Peradotto and Sconiers, JJ.