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Matter of Velazque v Martuscello, 2024 NY Slip Op 03306 [228 AD3d 1350]

June 14, 2024

Appellate Division, Fourth Department

[*1]

In the Matter of Melvin Rodriguez Velazque, Petitioner,

v

Daniel F. Martuscello III, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Wyoming County-Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of counsel), for petitioner.

Letitia James, Attorney General, Albany (Rachel E. Raimondi 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, Wyoming County [Melissa Lightcap Cianfrini, A.J.], entered Jan. 29, 2024) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated various incarcerated individual rules.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed. Present—Whalen, P.J., Curran, Bannister, DelConte and Hannah, JJ..