Matter of Matul v Fischer
2013 NY Slip Op 04938 [107 AD3d 1643]
June 28, 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 Jose Matul, 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 (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 February 4, 2013) 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, Carni, Sconiers and Valentino, JJ.