Ortiz v. Kelly

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order and judgment of the Supreme Court, Oneida County [Bernadette T. Clark, J.], entered February 7, 2013) to review a determination finding after a tier II hearing that petitioner had violated an inmate rule.

It is hereby ordered that said appeal insofar as it concerns the declaratory judgment action is unanimously dismissed, the determination is confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this hybrid CPLR article…