| Rodriguez v Berbary |
| 2005 NY Slip Op 02057 [16 AD3d 1180] |
| Decided on March 18, 2005 |
| 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 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, PINE, AND HAYES, JJ.
257 TP 04-02338
[*1]MATTER OF JERRY RODRIGUEZ, PETITIONER, ORDER
v
JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND GLENN S. GOORD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS.
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, Erie County [Nelson H. Cosgrove, J.], entered October 6, 2004) to review a determination of respondents. The determination found after a Tier III hearing that petitioner had violated various inmate rules.
JERRY RODRIGUEZ, PETITIONER PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (NANCY A. SPIEGEL OF COUNSEL), FOR RESPONDENTS.
It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court