Matter of Sanchez v. Annucci, 126 A.D.3d 1194 (N.Y. App. Div. 2015). · Go Syfert
Matter of Sanchez v. Annucci, 126 A.D.3d 1194 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Randolph v. Annucci (nyappdiv, 2021-01-28)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Randolph v. Annucci
N.Y. App. Div. · 2021 · confidence medium
In addition, we find no error in the Hearing Officer denying petitioner's request to call a witness regarding petitioner's mental health, as the record reflects that confidential mental health testimony was taken and "testimony regarding the state of [a] petitioner's mental health is confidential" ( Matter of Canalas Sanchez v Annucci , 126 AD3d 1194, 1194 [2015]; see Matter of Nelson v Annucci , 172 AD3d 1806 , 1806 [2019]).
discussed Cited as authority (rule) Matter of Matthews v. Annucci
N.Y. App. Div. · 2019 · confidence medium
Petitioner's claim that he did not possess the weapon, but that it was planted, presented a credibility issue for the Hearing Officer to resolve ( see Matter of Canalas Sanchez v Annucci , 126 AD3d 1194, 1194-1195 [2015]; Matter of Quezada v Fischer , 85 AD3d 1462, 1462 [2011]; Matter of Perez v Fischer , 69 AD3d 1279, 1279-1280 [2010]).
discussed Cited as authority (rule) Matter of Nelson v. Annucci
N.Y. App. Div. · 2019 · confidence medium
In addition, the Hearing Officer properly denied petitioner's request to call as a witness an Office of Mental Health employee regarding petitioner's mental health, as confidential testimony was taken on that subject pursuant to agency policy ( see Matter of Canalas Sanchez v Annucci , 126 AD3d 1194, 1194 [2015]; Matter of Fero v Prack , 108 AD3d 996, 997 [2013]; Matter of Freeman v Fischer , 54 AD3d 1140, 1140 [2008]).
discussed Cited as authority (rule) Matter of Horton v. Annucci
N.Y. App. Div. · 2018 · confidence medium
Petitioner's denial that he possessed marihuana and claim that he was "set up" by correction officers created a credibility issue for the Hearing Officer to resolve ( see Matter of Sanchez v Annucci , 126 AD3d 1194, 1194-1195 [2015]; Matter of Thompson v Fischer , 89 AD3d 1353, 1354 [2011], lv denied 18 NY3d 809 [2012]).
discussed Cited as authority (rule) Matter of Wilson v. Venettozzi
N.Y. App. Div. · 2018 · confidence medium
Petitioner's assertion that the weapon was planted by the correction officer created a credibility issue for the Hearing Officer to resolve ( see Matter of Tavarez v Annucci , 134 AD3d at 1375 ; Matter of Sanchez v Annucci , 126 AD3d 1194, 1194-1195 [2015]).
discussed Cited as authority (rule) Matter of Baez v. Venettozzi
N.Y. App. Div. · 2017 · confidence medium
Contrary to petitioner’s contention, we further conclude that he was not improperly denied the right to call his wife as a witness, as he failed to articulate how this witness, who had no direct knowledge of the incident described in the misbehavior report, could have provided testimony relevant to the charges or to his defense of those charges (see Matter of Ramos v Venettozzi, 153 AD3d at 1076 ; Canalas Sanchez v Annucci, 126 AD3d 1194, 1195 [2015]).
discussed Cited as authority (rule) Matter of Reed v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Turning to the second determination, as petitioner pleaded guilty to the charges contained in the second and third misbehavior reports, he is precluded from challenging the sufficiency of the evidence supporting this determination (see Matter of Simmons v Prack, 132 AD3d 1217, 1217 [2015]; Canalas Sanchez v Annucci, 126 AD3d 1194, 1194 [2015]).
discussed Cited as authority (rule) Matter of Medina v. Rodriguez
N.Y. App. Div. · 2017 · confidence medium
While petitioner requested testimony from a rehabilitation counselor and special investigator to corroborate his contention that the misbehavior report was retaliatory, these witnesses neither observed nor had first-hand knowledge of the incident (see Canalas Sanchez v Annucci, 126 AD3d 1194, 1195 [2015]; Matter of Hinton v Fischer, 108 AD3d 1000, 1002 [2013]), and any such testimony would have been redundant as petitioner had already provided detailed testimony in support of his retaliation claim (see Matter of Rafi v Venettozzi, 120 AD3d 1481, 1482 [2014]; Matter of Mena v Bedard, 117 AD3d 1…
discussed Cited as authority (rule) Vidal v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Petitioner was not improperly denied this inmate’s testimony as he executed a refusal form indicating that he did not want to be involved and the Hearing Officer personally interviewed the inmate to ascertain the legitimacy of his refusal (see Matter of Rodriguez v Annucci, 136 AD3d 1083, 1084 [2016]; Canalas Sanchez v Annucci, 126 AD3d 1194, 1195 [2015]).
discussed Cited as authority (rule) Vidal v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Petitioner was not improperly denied this inmate’s testimony as he executed a refusal form indicating that he did not want to be involved and the Hearing Officer personally interviewed the inmate to ascertain the legitimacy of his refusal (see Matter of Rodriguez v Annucci, 136 AD3d 1083, 1084 [2016]; Canalas Sanchez v Annucci, 126 AD3d 1194, 1195 [2015]).
discussed Cited as authority (rule) Tavarez v. Annucci
N.Y. App. Div. · 2015 · confidence medium
Petitioner’s protestation that he did not possess the weapon, but that it was planted, again presented a credibility issue for the Hearing Officer to resolve (see Canalas Sanchez v Annucci, 126 AD3d 1194, 1194-1195 [2015]; Matter of Perez v Fischer, 69 AD3d 1279, 1279 [2010]).
discussed Cited as authority (rule) Tavarez v. Annucci
N.Y. App. Div. · 2015 · confidence medium
Petitioner’s protestation that he did not possess the weapon, but that it was planted, again presented a credibility issue for the Hearing Officer to resolve (see Canalas Sanchez v Annucci, 126 AD3d 1194, 1194-1195 [2015]; Matter of Perez v Fischer, 69 AD3d 1279, 1279 [2010]).
discussed Cited as authority (rule) Matter of Simmons v. Prack
N.Y. App. Div. · 2015 · confidence medium
Turning to the remaining charges, petitioner is precluded from challenging the determination as not supported by substantial evidence inasmuch as he pleaded guilty to those charges (see Matter of Smith v Annucci, 126 AD3d 1198, 1198 [2015]; Canalas Sanchez v Annucci, 126 AD3d 1194, 1194 [2015]).
Retrieving the full opinion text from the archive…
Luis A. Canalas Sanchez, Petitioner,
v.
Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Et Al., Respondents
519033.
Appellate Division of the Supreme Court of the State of New York.
Mar 19, 2015.
126 A.D.3d 1194
Peters, Lahtinen, Egan, Lynch.
Cited by 13 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Chemung County) to review two determinations of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges two prison disciplinary determinations. The first, rendered on June 19, 2013, found him guilty of fighting, refusing a direct order, violent conduct and creating a disturbance; the second, rendered on July 25, 2013, found him guilty of possession of a weapon, false statements and refusing a frisk. Both determinations were affirmed on administrative appeal, prompting this proceeding.

We confirm. With respect to the June 19, 2013 determination, petitioner’s guilty plea to the charges precludes his challenge to the determination as unsupported by substantial evidence (see Matter of Gonzalez v Annucci, 122 AD3d 1203, 1204 [2014]; Matter of Robinson v Prack, 119 AD3d 1309, 1309 [2014]). Contrary to his contention, the Hearing Officer properly denied his request to call as a witness the Office of Mental Health employee who examined him. Consistent with agency policy, the Hearing Officer correctly determined that the requested testimony regarding the state of petitioner’s mental health is confidential (see Matter of Fero v Prack, 108 AD3d 996, 997 [2013]; Matter of Freeman v Fischer, 54 AD3d 1140, 1140 [2008]).

The charges underlying the July 25, 2013 determination arose after a metal detector indicated that petitioner had metal inside his body, and petitioner then voluntarily removed an ice pick weapon and sheath wrapped in cellophane from his rectal area. The misbehavior report, testimony of its author and supporting documentation provide substantial evidence to support this determination (see Matter of Nieves v Annucci, 123 AD3d 1368, 1368 [2014]; Matter of Thompson v Fischer, 89 AD3d 1353, 1354 [2011], lv denied 18 NY3d 809 [2012]). Petitioner’s[*1195] claim that he was set up created a credibility issue for the Hearing Officer to resolve (see Matter of Nieves v Annucci, 123 AD3d at 1369; Matter of Thompson v Fischer, 89 AD3d at 1354).

We reject petitioner’s argument that he was denied his right to call witnesses in the second hearing. Inasmuch as the Hearing Officer accepted that petitioner had filed grievances against officers, there was no error arising from the denial of petitioner’s request to call an employee of the Inspector General’s office who had no knowledge of the incident described in the misbehavior report (see Matter of Hinton v Fischer, 108 AD3d 1000, 1002 [2013]). Moreover, there is no merit to petitioner’s argument that the Hearing Officer was required to inquire into his four requested inmate witnesses’s refusals to testify. Regarding three of the witnesses, “there was no prior assent to testify, [and] the reason for the refusal appears in the record” (Matter of Hill v Selsky, 19 AD3d 64, 66-67 [2005]). The Hearing Officer personally interviewed the remaining witness, who allegedly initially agreed to testify, about the reason for his refusal and whether the refusal was genuine (see id. at 67; see also Matter of James v Bezio, 94 AD3d 1312, 1313 [2012]; cf. Matter of Joseph v LaClair, 112 AD3d 1023, 1024 [2013]).

Petitioner’s remaining arguments, to the extent that they were preserved for our review, have been considered and found to be lacking in merit.

Peters, P.J., Lahtinen, Egan Jr. and Lynch, JJ., concur.

Adjudged that the determinations are confirmed, without costs, and petition dismissed.