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Mathis v. New York State Department of Correctional Services

81 A.D.3d 1435 Court N.Y. App. Div. Decision date 2011-02-18 Docket Appeal No. 1 English

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p. 1435
In the Matter of Demar Mathis, Respondent, v New York State Department of Correctional Services, Appellant.
(Appeal No. 1.)
[916 NYS2d 881]

— Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered September 17, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present — Scudder, P.J., Centra, Carni, Sconiers and Gorski, JJ.