IN RE: JOSE D. MARTINEZ (2013)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: 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. JOSE D. MARTINEZ, PETITIONER PRO SE.

TP 13–00769

Decided: November 08, 2013

PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENTS.

ORDER

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.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Frances E. Cafarell

Clerk of the Court

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