Matter of McFadden v Fischer
2013 NY Slip Op 00575 [103 AD3d 1091]
February 1, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


In the Matter of Thomas McFadden, Petitioner,
v
Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

—[*1] Wyoming County-Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Frank K. Walsh 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 27, 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 amended petition is dismissed. Present—Smith, J.P., Fahey, Valentino, Whalen and Martoche, JJ.