Matter of Brown v Fischer

Matter of Brown v Fischer 2008 NY Slip Op 08878 [56 AD3d 1208] November 14, 2008 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

In the Matter of Derrick Brown, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.

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

Andrew M. Cuomo, Attorney General, Albany (David M. Finkelstein 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 15, 2008) 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—Scudder, P.J., Martoche, Smith, Peradotto and Pine, JJ.