Matter of Davis v Goord

2003 NY Slip Op 18713 [1 AD3d 1064]

Decided on November 21, 2003

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2003

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.

1358 TP 03-00789

[*1]MATTER OF SAMUEL DAVIS, PETITIONER, ORDER

v

GLENN S. GOORD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT.

CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Wyoming County (Dadd, J.), entered April 9, 2003, to review a determination of respondent after a Tier III hearing.


WYOMING COUNTY-ATTICA LEGAL AID BUREAU, ATTICA (JERRY M. ADER OF COUNSEL), FOR PETITIONER.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENT.


It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court