*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1228

TP 16-00691

PRESENT: PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, AND SCUDDER, JJ. IN THE MATTER OF MICHAEL FREDERICK, PETITIONER,

V ORDER DONALD E. VENETOZZI, DIRECTOR, SPECIAL HOUSING

UNIT, NEW YORK STATE DEPARTMENT OF CORRECTIONS

AND COMMUNITY SUPERVISION, RESPONDENT. MICHAEL FREDERICK, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO 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 April 22, 2016) to review a determination of respondent. The determination found after a tier III 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: December 23, 2016 Frances E. Cafarell

Clerk of the Court