Matter of Mendez v Fischer

Matter of Mendez v Fischer 2010 NY Slip Op 02243 [71 AD3d 1446] March 19, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 28, 2010

In the Matter of Jathniel Estrada Mendez, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondents.

—[*1] Jathniel Estrada Mendez, 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 [Russell P. Buscaglia, A.J.], entered September 18, 2009) 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 is unanimously confirmed without costs and the petition is dismissed. Present—Smith, J.P., Fahey, Carni, Lindley and Sconiers, JJ.