Matter of Vidal v Goord
2007 NY Slip Op 00826 [37 AD3d 1097]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


In the Matter of Domingo Vidal, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.

—[*1] Wyoming County-Attica Legal Aid Bureau, Attica (Neal J. Mahoney of counsel), for petitioner.

Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for 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 August 11, 2006) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed. Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Peradotto, JJ.