Matter of Spikes v Goord
2007 NY Slip Op 04918 [41 AD3d 1181]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


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

[*1] Michael Steinberg, Rochester, for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Owen DeMuth 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, Monroe County [Thomas A. Stander, J.], entered August 31, 2006) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated an inmate rule.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed. Present—Scudder, P.J., Gorski, Martoche and Green, JJ.