| Matter of Mitchell v Selsky |
| 2004 NY Slip Op 09834 [13 AD3d 1234] |
| Decided on December 30, 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., PINE, KEHOE, GORSKI, AND MARTOCHE, JJ.
1517 CA 04-00919
[*1]MATTER OF PAUL MITCHELL, PETITIONER-APPELLANT, ORDER
v
DONALD SELSKY, DIRECTOR, SPECIAL HOUSING/ INMATE DISCIPLINARY PROGRAMS, MICHAEL MC GINNIS, SUPERINTENDENT, SOUTHPORT CORRECTIONAL FACILITY, AND L.H. GILTNER, DEPUTY SUPERINTENDENT (HEARING OFFICER), RESPONDENTS-RESPONDENTS.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Robert E. Whelan, J.), entered April 24, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted respondents' motion to dismiss the petition.
GLENN E. MURRAY, BUFFALO, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court