IN RE: VARREL MITCHELL

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

IN RE: VARREL MITCHELL, PETITIONER, v. JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS. VARREL MITCHELL, PETITIONER PRO SE.

TP 10-02127

Decided: March 25, 2011

PRESENT:  CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF 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 of the Supreme Court, Erie County [Penny M. Wolfgang, J.], entered June 15, 2010) 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.

Patricia L. Morgan

Clerk of the Court