*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 464

TP 16-00040

PRESENT: WHALEN, P.J., LINDLEY, DEJOSEPH, NEMOYER, AND CURRAN, JJ. IN THE MATTER OF DAVID READ, PETITIONER,

V ORDER JAMES THOMPSON, SUPERINTENDENT, COLLINS

CORRECTIONAL FACILITY, AND P.J. KWIATKOWSKI,

CORRECTION OFFICER, COLLINS CORRECTIONAL

FACILITY, RESPONDENTS.

DAVID READ, 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 [Penny M. Wolfgang, J.], dated January 6, 2016) 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: April 28, 2017 Frances E. Cafarell

Clerk of the Court