Civil Procedure · MBE-tested
In the Matter of Jathniel Estrada Mendez, Petitioner, v. Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondents
71 A.D.3d 1446896 N.Y.S.2d 276·New York Supreme Court, Appellate Division·2010·NY
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Opinion
In the Matter of Jathniel Estrada Mendez, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondents.
[896 NYS2d 276]
[MAJORITY]
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 [Russell P. Buscaglia, A.J.], entered September 18, 2009) 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. Present — Smith, J.P., Fahey, Carni, Lindley and Sconiers, JJ.