Matter of Johnson v Goord
2003 NY Slip Op 20082 [2 AD3d 1490]
Decided on December 31, 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 December 31, 2003
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., PINE, WISNER, HURLBUTT, AND GORSKI, JJ.

1453 CA 02-02393

[*1]MATTER OF KERWIN JOHNSON, PETITIONER-APPELLANT, ORDER

v

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



Appeal from a judgment of Supreme Court, Wyoming County (Dadd, J.), entered September 6, 2002, which dismissed the CPLR article 78 petition seeking to annul a determination after a Tier III hearing.


KERWIN JOHNSON, PETITIONER-APPELLANT PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (WAYNE L. BENJAMIN OF COUNSEL), FOR RESPONDENT-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 31, 2003JoAnn M. Wahl
Clerk of the Court