| Matter of Reed v Berbary |
| 2010 NY Slip Op 05934 [75 AD3d 1111] |
| July 2, 2010 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of William Reed, Petitioner, v James L. Berbary, Superintendent, Collins Correctional Facility, Respondent. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet 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 [John L. Michalski, A.J.], entered May 11, 2009) to review a determination of respondent. The determination found after a tier II 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., Peradotto, Carni, Pine and Gorski, JJ.