| Matter of Rodriguez v Fischer |
| 2012 NY Slip Op 07515 [100 AD3d 1443] |
| November 9, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Alberto Rodriguez, Petitioner, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent. |
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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 May 8, 2012) 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., Fahey, Sconiers, Valentino and Whalen, JJ.