Matter of Harris v Fischer
2008 NY Slip Op 02351 [49 AD3d 1269]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


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

—[*1] Wyoming County-Attica Legal Aid Bureau, Attica (Norman P. Effman of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco 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 October 2, 2007) 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 is unanimously confirmed without costs and the petition is dismissed. Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.