Matter of Fernandez v Leclaire

Matter of Fernandez v Leclaire 2007 NY Slip Op 08606 [45 AD3d 1370] 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 Richard Fernandez, Petitioner, v Lucien Leclaire, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent.

—[*1] Richard Fernandez, petitioner pro se.

Andrew M. Cuomo, 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 [Sheila A. DiTullio, A.J.], entered March 6, 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 petition is dismissed. Present—Scudder, P.J., Martoche, Smith, Lunn and Pine, JJ.