
    In the Matter of Jose D. Martinez, Petitioner, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, et al., Respondents.
    [974 NYS2d 883]
   — Proceeding pursuant to CPLR article 78 (transferred

to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order and judgment (one paper) of the Supreme Court, Oneida County [Samuel D. Hester, J.], entered April 17, 2013) 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 — Smith, J.E, Peradotto, Garni, Valentino and Whalen, JJ.  