| Matter of Marino v Poole |
| 2005 NY Slip Op 09991 [24 AD3d 1327] |
| Decided on December 22, 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 December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, SMITH, AND LAWTON, JJ.
1646 TP 04-02177
[*1]MATTER OF LEO A. MARINO, PETITIONER, ORDER
v
THOMAS M. POOLE, SUPERINTENDENT, FIVE POINTS 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, Seneca County [Dennis F. Bender, A.J.], entered September 22, 2004) to review a determination of respondent. The determination found after a Tier II hearing that petitioner had violated various inmate rules.
LEO A. MARINO, PETITIONER PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF 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 22, 2005
JoAnn M. Wahl
Clerk of the Court