
    In the Matter of Andre Cates, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
    [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, Wyoming County [Mark H. Dadd, A.J.], entered October 2, 2009) to review a determination of respondent. 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 — Smith, J.P., Fahey, Carni, Lindley and Sconiers, JJ.  