| Matter of Vidal v Burge |
| 2004 NY Slip Op 05910 [9 AD3d 919] |
| Decided on July 9, 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 July 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, KEHOE, MARTOCHE, AND HAYES, JJ.
940 TP 04-00427
[*1]MATTER OF JOSEPH VIDAL, PETITIONER, ORDER
v
JOHN W. BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, 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, Cayuga County [Peter E. Corning, A.J.], entered February 19, 2004) to review a determination of respondent. The determination found after a Tier II hearing that petitioner had violated an inmate rule.
JOSEPH VIDAL, PETITIONER PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (WAYNE L. BENJAMIN 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: July 9, 2004
JoAnn M. Wahl
Clerk of the Court