
    In the Matter of Derek Perkins, Petitioner, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, et al., Respondents.
    [867 NYS2d 371]
   — 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 [Shirley Troutman, A.J.], entered April 3, 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., Hurlbutt, Lunn, Green and Gorski, JJ.  