Matter of Martinez v Fischer
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Matter of Martinez v Fischer
2013 NY Slip Op 07322
Released on November 8, 2013
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 November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
1069 TP 13-00769
[*1]IN THE MATTER OF JOSE D. MARTINEZ, PETITIONER,
v
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, MR. SMITH, SUPERINTENDENT OF MID-STATE C.F., OFFICER FULLER, MARCY C.F., AND OFFICER THORP, MARCY C.F., RESPONDENTS.
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order and judgment (one paper) of the Supreme Court, Oneida County [Samuel D. Hester, J.], entered April 17, 2013) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated various inmate rules.
JOSE D. MARTINEZ, PETITIONER PRO SE.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENTS.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
1069 TP 13-00769
[*1]IN THE MATTER OF JOSE D. MARTINEZ, PETITIONER,
v
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, MR. SMITH, SUPERINTENDENT OF MID-STATE C.F., OFFICER FULLER, MARCY C.F., AND OFFICER THORP, MARCY C.F., RESPONDENTS.
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order and judgment (one paper) of the Supreme Court, Oneida County [Samuel D. Hester, J.], entered April 17, 2013) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated various inmate rules.
JOSE D. MARTINEZ, PETITIONER PRO SE.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENTS.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
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