| Matter of Benedetto v Annucci |
| 2019 NY Slip Op 05308 [173 AD3d 1859] |
| June 28, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Robert Benedetto,
Petitioner, v Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent. |
Karen Murtagh, Executive Director, Prisoners' Legal Services of New York, Buffalo (Andrew Stecker of counsel), for petitioner.
Letitia James, Attorney General, Albany (Julie M. Sheridan 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 [Frank A. Sedita, III, J.], entered February 28, 2019) 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—Peradotto, J.P., Lindley, NeMoyer, Curran and Troutman, JJ.