| Matter of Upfold v Goord |
| 2005 NY Slip Op 03404 [17 AD3d 1174] |
| Decided on April 29, 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 April 29, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, MARTOCHE, SMITH, AND PINE, JJ.
428 TP 04-02786
[*1]MATTER OF DANIEL UPFOLD, 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, Wyoming County [Mark H. Dadd, A.J.], entered October 29, 2004) 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 (NEAL J. MAHONEY OF COUNSEL), FOR PETITIONER.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (NANCY A. SPIEGEL 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: April 29, 2005
JoAnn M. Wahl
Clerk of the Court