| Matter of Bermudez v Berbary |
| 2009 NY Slip Op 09817 [68 AD3d 1726] |
| December 30, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Jason Bermudez, Petitioner, v James L. Berbary, Superintendent, Collins Correctional Facility, Respondent. |
—[*1]
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, Erie County [Russell P. Buscaglia, A.J.], entered June 16, 2009) to review a determination of respondent. The determination found after a tier II 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., Fahey, Carni and Gorski, JJ.