
    In the Matter of Kwamell Smith, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
    [879 NYS2d 782]
   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 December 22, 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, PJ., Fahey, Peradotto, Garni and Green, JJ.  