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  5. 129 A.D.2d 641 (1987)
 

MATTER OF KELLY v. NEW YORK STATE DEP'T OF CORR. SERVS.

129 A.D.2d 641 (1987)

In the Matter of Fred Kelly, Appellant, v. New York State Department of Correctional Services et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 13, 1987

Ordered that the judgment is affirmed, without costs or disbursements.

The petition was properly dismissed (see, Matter of Peterson v New York State Dept. of Correctional Servs., 100 A.D.2d 73

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