Matter of Burgess v Fischer
2008 NY Slip Op 00822 [48 AD3d 1090]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


In the Matter of Herbert Burgess, Petitioner, v Brian Fischer, as Commissioner of New York State Department of Correctional Services, Respondent.

—[*1] Wyoming County-Attica Legal Aid Bureau, Attica (Susan K. Jones of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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 July 24, 2007) 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 is unanimously confirmed without costs and the petition is dismissed. Present—Martoche, J.P., Centra, Lunn, Green and Gorski, JJ.