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In re Martinez

Supreme Court of New York, Fourth Department

November 8, 2013

IN THE MATTER OF JOSE D. MARTINEZ, PETITIONER,
v.
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, MR. SMITH, SUPERINTENDENT OF MID-STATE C.F., OFFICER FULLER, MARCY C.F., AND OFFICER THORP, MARCY C.F., RESPONDENTS.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order and judgment (one paper) of the Supreme Court, Oneida County [Samuel D. Hester, J.], entered April 17, 2013) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated various inmate rules.

JOSE D. MARTINEZ, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENTS.

PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.


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