| Matter of Ballard v Kickbush |
| 2018 NY Slip Op 07578 [166 AD3d 1518] |
| November 9, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Darnell Ballard,
Petitioner, v Susan Kickbush, Superintendent, Gowanda Correctional Facility, Respondent. |
Darnell Ballard, petitioner pro se.
Barbara D. Underwood, 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, Erie County [Russell P. Buscaglia, A.J.], entered November 22, 2017) 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—Whalen, P.J., Smith, Peradotto, DeJoseph and Troutman, JJ.