Matter of Matter of Jose Vizcaino v Glenn S. Goord
2004 NY Slip Op 01964 [5 AD3d 1130]
Decided on March 19, 2004
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 March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: WISNER, J.P., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.

344 TP 03-01871

[*1]MATTER OF JOSE VIZCAINO, PETITIONER, ORDER

v

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



Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, entered August 29, 2003 in Wyoming County [Mark H. Dadd, A.J.]) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated an inmate rule.


WYOMING COUNTY-ATTICA LEGAL AID BUREAU, ATTICA (EDWARD L. CHASSIN OF COUNSEL), FOR PETITIONER.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (ANDREA OSER 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: March 19, 2004
JoAnn M. Wahl
Clerk of the Court