Matter of Mercer v Kirkpatrick

Matter of Mercer v Kirkpatrick 2007 NY Slip Op 10361 [46 AD3d 1463] December 21, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

In the Matter of James R. Mercer, Jr., Petitioner, v Robert A. Kirkpatrick, as Superintendent of Wende Correctional Facility, et al., Respondents.

—[*1] James R. Mercer, Jr., petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

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 [Christopher J. Burns, J.], entered May 25, 2007) to review a determination of respondents. 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—Gorski, J.P., Martoche, Smith, Centra and Green, JJ.