
    In the Matter of James Smith, Petitioner, v Harold D. Graham, Superintendent, Auburn Correctional Facility, Respondent.
    [967 NYS2d 863]
   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, Cayuga County [Thomas G. Leone, A.J.], entered September 11, 2012) to review a determination of respondent. The determination found after a tier II 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 — Scudder, P.J., Centra, Fahey, Carni and Lindley, JJ.  