
    In the Matter of Derrick Brown, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
    [867 NYS2d 371]
   — 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 April 15, 2008) 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. Present — Scudder, EJ., Martoche, Smith, Peradotto and Pine, JJ.  