Majority
p. 1245Fourth Department, February, 2011 (February 10, 2011) In the Matter of Richard Scott, Jr., Petitioner, v James L. Berbary, Superintendent, Collins Correctional Facility, Respondent. [915 NYS2d 883]
— 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 [Christopher J. Burns, J.], entered August 26, 2010) to review a determination of respondent. The determination found after a tier II 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 — Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.