| Matter of Ferguson v Kirkpatrick |
| 2008 NY Slip Op 07389 [55 AD3d 1349] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Norman Ferguson, Petitioner, v Robert A. Kirkpatrick, Superintendent of Wende Correctional Facility, et al., Respondents. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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.], dated December 17, 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—Smith, J.P., Lunn, Fahey and Peradotto, JJ.