
    In the Matter of Jerome Mack, Petitioner, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, et al., Respondents.
    [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, Erie County [Shirley Troutman, A.J.], entered December 12, 2007) to review a determination of respondents. 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 petition is dismissed. Present — Centra, J.P, Fahey, Peradotto, Green and Gorski, JJ.  