Matter of Rodriguez v Fischer
2009 NY Slip Op 00798 [59 AD3d 970]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


In the Matter of Robert Rodriguez, Petitioner,
v
Brian Fischer, Commissioner, New York State Department of Correctional Services, et al., Respondents.

—[*1] Frank Policelli, Utica, for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh 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, Oneida County [John W. Grow, J.], entered August 6, 2008) 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., Centra, Fahey, Peradotto and Pine, JJ.