SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 455 TP 14-01741 PRESENT: SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND DEJOSEPH, JJ. IN THE MATTER OF RALPH ALICEA, PETITIONER, V ORDER ANTHONY ANNUCCI, 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. 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, Wyoming County [Michael M. Mohun, A.J.], entered September 26, 2014) 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: May 1, 2015 Frances E. Cafarell Clerk of the Court