| 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.