Matter of Spears v Fischer
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Matter of Spears v Fischer
2012 NY Slip Op 08914
Released on December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ.
1279 TP 12-00943
[*1]IN THE MATTER OF RUFUS SPEARS, PETITIONER,
v
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, 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, Cayuga County [Thomas G. Leone, A.J.], entered May 16, 2012) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated various inmate rules.
RUFUS SPEARS, PETITIONER PRO SE.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
Entered: December 21, 2012
Frances E. Cafarell
Clerk of the Court
Released on December 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ.
1279 TP 12-00943
[*1]IN THE MATTER OF RUFUS SPEARS, PETITIONER,
v
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, 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, Cayuga County [Thomas G. Leone, A.J.], entered May 16, 2012) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated various inmate rules.
RUFUS SPEARS, PETITIONER PRO SE.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
Entered: December 21, 2012
Frances E. Cafarell
Clerk of the Court
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