| Matter of Bennefield v Kirkpatrick |
| 2008 NY Slip Op 05146 [52 AD3d 1226] [52 AD3d 1226] |
| June 6, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Adam Bennefield, Petitioner, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, et al., Respondents. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for
respondents.
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, Erie County [Christopher J. Burns, J.], entered October 2, 2007) to review a determination of respondents. 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—Scudder, P.J., Hurlbutt, Smith, Green and Gorski, JJ.