Matter of Smith v Graham
2013 NY Slip Op 04512 [107 AD3d 1590]
June 14, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


In the Matter of James Smith, Petitioner,
v
Harold D. Graham, Superintendent, Auburn Correctional Facility, Respondent.

—[*1] James Smith, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Andrew B. Ayers 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, Cayuga County [Thomas G. Leone, A.J.], entered September 11, 2012) to review a determination of respondent. The determination found after a tier II 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—Scudder, P.J., Centra, Fahey, Carni and Lindley, JJ.