| Matter of Wearen v Goord |
| 2004 NY Slip Op 09908 [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: GREEN, J.P., PINE, HURLBUTT, MARTOCHE, AND SMITH, JJ.
1619 TP 04-01364
[*1]MATTER OF ANTHONY WEAREN, 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, Oneida County [Robert F. Julian, J.], entered June 16, 2004) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated an inmate rule.
ANTHONY WEAREN, PETITIONER PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PATRICK BARNETT-MULLIGAN 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: December 30, 2004
JoAnn M. Wahl
Clerk of the Court