Matter of Jones v. Fischer, 138 A.D.3d 1294 (N.Y. App. Div. 2016). · Go Syfert
Matter of Jones v. Fischer, 138 A.D.3d 1294 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Thomas v. Annucci (nyappdiv, 2018-02-01)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Thomas v. Annucci
N.Y. App. Div. · 2018 · confidence medium
Petitioner did not request any other documentary evidence, and we are satisfied that he was provided with all reports relevant to the sustained charge ( see Matter of Jones v Fischer , 138 AD3d 1294, 1295 [2016]).
discussed Cited as authority (rule) Matter of Shepherd v. Annucci
N.Y. App. Div. · 2017 · confidence medium
The misbehavior report, hearing testimony, positive urinalysis test results for cannibinoids and synthetic can-nibinoids and related documentation provide substantial evidence supporting the determination of guilt (see Matter of Cotterell v Taylor-Stewart, 145 AD3d 1245, 1246 [2016]; Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]).
discussed Cited as authority (rule) Matter of Alston v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Moreover, any deficiencies in the assistance received were cured by the Hearing Officer, who afforded petitioner an opportunity to examine the photographs of the weapon and called four of the requested witnesses to testify, and petitioner has failed to demonstrate any residual prejudice from any purported deficiencies not addressed by the Hearing Officer (see Matter of Patterson v Venettozzi, 140 AD3d 1562, 1563 [2016]; Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]).
discussed Cited as authority (rule) Matter of Encarnacion v. Annucci
N.Y. App. Div. · 2017 · confidence medium
To the extent that petitioner contends that he received inadequate employee assistance due to the employee assistant’s failure to provide him with requested documentation or witness statements, any alleged deficiencies were addressed by the Hearing Officer, who provided petitioner with any relevant and existing documentation and called those relevant witnesses who agreed to testify (see Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]).
discussed Cited as authority (rule) Harriott v. Koenigsmann
N.Y. App. Div. · 2017 · confidence medium
The contrary testimony of petitioner and his inmate witnesses, as well as petitioner’s claim that the charges were fabricated in retaliation for previous grievances that he had filed — which was denied by the author of the misbehavior report — raised credibility issues for the Hearing Officer to resolve (see Matter of Garrow v Annucci, 141 AD3d 1046, 1047 [2016]; Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]; Matter of Pulliam v Whitmore, 24 AD3d 921, 922 [2005]).
discussed Cited as authority (rule) Harriott v. Koenigsmann
N.Y. App. Div. · 2017 · confidence medium
The contrary testimony of petitioner and his inmate witnesses, as well as petitioner’s claim that the charges were fabricated in retaliation for previous grievances that he had filed — which was denied by the author of the misbehavior report — raised credibility issues for the Hearing Officer to resolve (see Matter of Garrow v Annucci, 141 AD3d 1046, 1047 [2016]; Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]; Matter of Pulliam v Whitmore, 24 AD3d 921, 922 [2005]).
discussed Cited as authority (rule) Harriott v. Koenigsmann
N.Y. App. Div. · 2017 · confidence medium
The contrary testimony of petitioner and his inmate witnesses, as well as petitioner’s claim that the charges were fabricated in retaliation for previous grievances that he had filed — which was denied by the author of the misbehavior report — raised credibility issues for the Hearing Officer to resolve (see Matter of Garrow v Annucci, 141 AD3d 1046, 1047 [2016]; Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]; Matter of Pulliam v Whitmore, 24 AD3d 921, 922 [2005]).
discussed Cited as authority (rule) Green v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Moreover, although petitioner denied using drugs and maintained that he was being targeted by a correction officer, this presented a credibility issue for the Hearing Officer to resolve (see Matter of Williams v Annucci, 141 AD3d 1062, 1062 [2016]; Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]).
discussed Cited as authority (rule) Green v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Moreover, although petitioner denied using drugs and maintained that he was being targeted by a correction officer, this presented a credibility issue for the Hearing Officer to resolve (see Matter of Williams v Annucci, 141 AD3d 1062, 1062 [2016]; Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]).
discussed Cited as authority (rule) Matter of Smith v. Venettozzi
N.Y. App. Div. · 2016 · confidence medium
As the nurse and testing officer testified, petitioner’s request to call the officer who collected the specimen to testify about why facility medical staff were not contacted earlier was properly denied as irrevelant (see Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]).
discussed Cited as authority (rule) Matter of Cotterell v. Taylor-Stewart
N.Y. App. Div. · 2016 · confidence medium
The misbehavior report, positive urinalysis test results and related documentation, together with the hearing testimony, provide substantial evidence supporting the determination of guilt (see Matter of Williams v Annucci, 141 AD3d 1062, 1062 [2016]; Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]).
discussed Cited as authority (rule) Matter of Williams v. Annucci
N.Y. App. Div. · 2016 · confidence medium
The misbehavior report, positive urinalysis test results and related documentation, together with the testimony presented at the hearing, provide substantial evidence to support the determination of guilt (see Matter of Jones v Fischer, 138 AD3d 1294, 1295 [2016]; Matter of Jenkins v Annucci, 136 AD3d 1093, 1093 [2016]).
Retrieving the full opinion text from the archive…
In the Matter of William Jones, Petitioner,
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent
521611.
Appellate Division of the Supreme Court of the State of New York.
Apr 14, 2016.
138 A.D.3d 1294
Peters, Lahtinen, Rose, Lynch.
Cited by 12 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with using a[*1295] controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. He was found guilty of the charge following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive urinalysis test results and related documentation, together with the testimony presented at the hearing, provide substantial evidence supporting the determination of guilt (see Matter of Epps v Prack, 127 AD3d 1477, 1477 [2015]). Petitioner denied that he consumed drugs and claimed that the misbehavior report was written in retaliation for a grievance he had filed against correction officers, one of whom requested the urinalysis tests here after observing petitioner’s slurred speech and glassy eyes when petitioner came into the mess hall. The officers involved in the testing denied knowing about the grievance at the time the drug test was ordered and denied that the test was in retaliation for the grievance, presenting a credibility issue which the Hearing Officer resolved against petitioner, finding no credible evidence to support this claim (see Matter of Harriott v Annucci, 131 AD3d 754, 754 [2015]).

Petitioner’s claim of inadequate employee assistance is premised upon the assistant’s failure to provide him with his grievance documents or to interview witnesses. However, petitioner found the grievance documents and used them during the hearing, and the Hearing Officer accepted as true his testimony that he had filed them. A review of the record reflects that petitioner was provided with all of the documents that were relevant to the charge of drug use, excluding only those that were immaterial to the charge or not available and those whose disclosure would jeopardize institutional safety, and he was afforded ample adjournments, curing any potential prejudice (see Matter of Castillo v Fischer, 120 AD3d 1493, 1493 [2014]; Matter of Hernandez v Fischer, 111 AD3d 1042, 1043 [2013]). With regard to petitioner’s requests to call as witnesses certain named and unnamed persons who were not involved in his drug testing, in order to establish that his grievance was common knowledge and that the subjects of the grievance were aware of and motivated by it, they were properly denied as irrevelant to the drug use charge (see Matter of Mullamphy v Fischer, 112 AD3d 1177, 1177 [2013]; Matter of Nunez v Bezio, 87 AD3d 1209, 1209 [2011], lv denied 18 NY3d 809 [2012]). We have examined petitioner’s remaining claims and determined that they lack merit.

Peters, P.J., Lahtinen, Rose and Lynch, JJ., concur.

Adjudged[*1296] that the determination is confirmed, without costs, and petition dismissed.