Matter of Modlenaar v Leclaire

Matter of Modlenaar v Leclaire 2007 NY Slip Op 08550 [45 AD3d 1330] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

In the Matter of Michael Modlenaar, Petitioner, v Lucien Leclaire, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent.

—[*1] Wyoming County-Attica Legal Aid Bureau, Attica (Susan K. Jones of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Treasure 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 April 3, 2007) 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 be and the same hereby is unanimously confirmed without costs and the amended petition is dismissed. Present—Hurlbutt, J.P., Martoche, Smith, Centra and Fahey, JJ.