Appellate Division of the Supreme Court of the State of New York February 11, 2010 (Egbert v. Fischer)

—Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division *1393of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Mark H. Dadd, A.J.], entered August 18, 2009) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated an inmate rule.