SMITH, JAMES v. GRAHAM, HAROLD D.

Appellate Division of the Supreme Court of New York

SMITH, JAMES v. GRAHAM, HAROLD D.

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 2013

DocketTP 12-01701

StatusPublished

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SMITH, JAMES v. GRAHAM, HAROLD D., (N.Y. Ct. App. 2013).

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Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

732 TP 12-01701 PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.

IN THE MATTER OF JAMES SMITH, PETITIONER,

V ORDER

HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT.

JAMES SMITH, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ANDREW B. AYERS OF COUNSEL), FOR RESPONDENT.

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.

Entered: June 14, 2013 Frances E. Cafarell Clerk of the Court

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