Matter of Rodriguez v Fischer
2012 NY Slip Op 00563 [91 AD3d 1294]
January 31, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


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

Wyoming County-Attica Legal Aid Bureau, Warsaw (Norman P. Effman of counsel), for petitioner. Eric T. Schneiderman, 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, Wyoming County [Mark H. Dadd, A.J.], entered July 7, 2011) to review a determination of respondent. The determination found after a Tier III 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 Smith, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.