Matter of Brown v Fischer
2011 NY Slip Op 07969 [89 AD3d 1407]
November 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


In the Matter of Arthur Brown, Petitioner,
v
Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.

—[*1] Karen Murtagh-Monks, Buffalo (David Bentivegna of counsel), for petitioner.

Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff 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 [Diane Y. Devlin, J.], entered April 13, 2011) to review a determination of respondent. 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., Carni, Lindley, Sconiers and Martoche, JJ.