Matter of Gibson v Fischer
2012 NY Slip Op 02975 [94 AD3d 1418]
April 20, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through December 17, 2012


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

—[*1] Wyoming County-Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski 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, Wyoming County [Mark H. Dadd, A.J.], entered November 15, 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., Lindley, Sconiers and Martoche, JJ. [See 96 AD3d 1703.]