*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 506

TP 14-01752

PRESENT: CENTRA, J.P., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ. IN THE MATTER OF ERIC BARNES, PETITIONER,

V ORDER ANTHONY ANNUCCI, ACTING COMMISSIONER,

NEW YORK STATE DEPARTMENT OF CORRECTIONS

AND COMMUNITY SUPERVISION, AND JOSEPH BELLINIER,

DEPUTY COMMISSIONER OF FACILITIES, NEW YORK

STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY

SUPERVISION, RESPONDENTS.

ERIC BARNES, 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, Jefferson County [James P. McClusky, J.], entered September 26, 2014) 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.

Entered: May 1, 2015 Frances E. Cafarell

Clerk of the Court