
    In the Matter of Jathniel Estrada Mendez, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondents.
    [896 NYS2d 276]
   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 [Russell P. Buscaglia, A.J.], entered September 18, 2009) to review a determination of respondents. 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.P., Fahey, Carni, Lindley and Sconiers, JJ.  