Matter of Mitchell v Berbary
2011 NY Slip Op 02265 [82 AD3d 1677]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


In the Matter of Varrel Mitchell, Petitioner, v James L. Berbary, Superintendent, Collins Correctional Facility, et al., Respondents.

—[*1] Varrel Mitchell, petitioner pro se.

Eric T. Schneiderman, 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 [Penny M. Wolfgang, J.], entered June 15, 2010) 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—Centra, J.P., Fahey, Carni, Green and Gorski, JJ.