FLUDD, JOVAN v. ARTUS, DALE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department TP 12-00502 PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND MARTOCHE, JJ.

IN THE MATTER OF JOVAN FLUDD, PETITIONER, V ORDER DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS & COMMUNITY SUPERVISION, RESPONDENTS.

JOVAN FLUDD, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENTS.

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 [M. William Boller, A.J.], dated March 1, 2012) to review a determination of respondents. 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.

Entered: October 5, 2012 Frances E. Cafarell Clerk of the Court