Matter of Mack v Kirkpatrick
2008 NY Slip Op 08925 [56 AD3d 1232]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


In the Matter of Jerome Mack, Petitioner, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, et al., Respondents.

—[*1] Jerome Mack, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Treasure 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 [Shirley Troutman, A.J.], entered December 12, 2007) to review a determination of respondents. 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—Centra, J.P., Fahey, Peradotto, Green and Gorski, JJ.