Matter of Josey v Fischer
2013 NY Slip Op 08744 [112 AD3d 1357]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


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

—[*1] Wyoming County-Attica Legal Aid Bureau, Warsaw (Adam W. Koch of counsel), for petitioner.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco 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 22, 2013) 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—Centra, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.