Matter of Read v Thompson

Matter of Read v Thompson 2017 NY Slip Op 03344 Decided on April 28, 2017 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., LINDLEY, DEJOSEPH, NEMOYER, AND CURRAN, JJ.
464 TP 16-00040

[*1]IN THE MATTER OF DAVID READ, PETITIONER,

v

JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND P.J. KWIATKOWSKI, CORRECTION OFFICER, COLLINS CORRECTIONAL FACILITY, RESPONDENTS.

DAVID READ, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, 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 [Penny M. Wolfgang, J.], dated January 6, 2016) 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.

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court