Majority
p. 1643In the Matter of Jose Matul, Petitioner, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent. [967 NYS2d 863]
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, Wyoming County [Mark H. Dadd, A.J.], entered February 4, 2013) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated an inmate rule.
It is hereby ordered that the determination is unanimously confirmed without costs and the amended petition is dismissed. Present — Smith, J.P., Fahey, Carni, Sconiers and Valentino, JJ.