
    In the Matter of DeWitt Gibson, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
    [944 NYS2d 713]
   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 November 15, 2011) 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 — Smith, J.E, Lindley, Sconiers and Martoche, JJ. [See 96 AD3d 703.]  