Rivera v. Selsky, 43 A.D.3d 1210 (N.Y. App. Div. 2007). · Go Syfert
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Rivera v. Selsky, 43 A.D.3d 1210 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Bonds v. Annucci
N.Y. App. Div. · 2018 · confidence medium
Additionally, petitioner was not entitled to call these inmates as character witnesses ( see Matter of Barca v Fischer , 80 AD3d 1038, 1038 [2011], lv denied 16 NY3d 711 [2011]; Matter of Rivera v Selsky , 43 AD3d 1210, 1210 [2007]; Matter of Torres v Goord , 267 AD2d 732, 733 [1999]; Matter of Joyce v Goord , 246 AD2d 926, 928 [1998]).
discussed Cited as authority (rule) Vidal-Ortiz v. Fischer
N.Y. App. Div. · 2011 · confidence medium
Petitioner’s denial of any wrongdoing presented a credibility issue for the Hearing Officer to resolve (see Matter of Rivera v Selsky, 43 AD3d 1210, 1210 [2007]; Matter of Jackson v Goord, 8 AD3d 852, 853 [2004]).
discussed Cited as authority (rule) Diaz v. Fischer
N.Y. App. Div. · 2010 · confidence medium
We note that investigators from the Inspector General’s office routinely testify in prison disciplinary hearings (see Matter of McLean v Fischer, 63 AD3d 1468,1469 [2009]; Matter of Vizcaino v Selsky, 26 AD3d 574, 574 [2006], lv denied 7 NY3d 708 [2006]; Matter of Antinuche v Goord, 16 AD3d 743, 744 [2005]), as do other witnesses who have gained information through investigation, rather than personal observation (see Matter of Rivera v Selsky, 43 AD3d 1210, 1210 [2007]; Matter of Mendez v Goord, 21 AD3d 1191, 1192 [2005]).
discussed Cited as authority (rule) Hernandez v. Fischer
N.Y. App. Div. · 2009 · confidence medium
We find that petitioner’s challenges to the misbehavior report lack merit, inasmuch as the author investigated the matter to ascertain the facts before he wrote the report (see 7 NYCRR 251-3.1 [b]; Matter of Rivera v Selsky, 43 AD3d 1210, 1210 [2007]) and the report sufficiently apprised petitioner of the charges against him which enabled him to prepare a defense (see Matter of Umoja v Bezio, 64 AD3d 1066 [2009]; Matter of Linares v Fischer, 59 AD3d 761 [2009], lv denied 12 NY3d 709 [2009]).
cited Cited as authority (rule) Bailey v. Burge
N.Y. App. Div. · 2008 · confidence medium
Petitioner’s assertion that he did not possess the subject wires created a credibility issue for resolution by the Hearing Officer (see Matter of Rivera v Selsky, 43 AD3d 1210, 1210 [2007]).
cited Cited as authority (rule) Garner v. Selsky
N.Y. App. Div. · 2008 · confidence medium
To the extent that petitioner denied the allegations, a credibility issue was created for resolution by the Hearing Officer (see Matter of Rivera v Selsky, 43 AD3d 1210, 1210 [2007]).
discussed Cited as authority (rule) Harvey v. Goord
N.Y. App. Div. · 2008 · confidence medium
As for petitioner’s claim that the or ganization was not unauthorized, that created credibility issues for resolution by the Hearing Officer (see Matter of Rivera v Selsky, 43 AD3d 1210, 1210 [2007]).
Retrieving the full opinion text from the archive…
In the Matter of Richard Rivera
v.
Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs
Appellate Division of the Supreme Court of the State of New York.
Sep 13, 2007.
43 A.D.3d 1210
Cited by 9 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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty at the conclusion of a tier III disciplinary hearing of extortion and making threats. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report ánd testimony adduced at the hearing (see Matter of Fontaine v Superintendent of Southport Correctional Facility, 35 AD3d 1113, 1113-1114 [2006], appeal dismissed 8 NY3d 943 [2007]). Although the correction officer who authored the misbehavior report did not actually witness the incident in question, he investigated the matter and was able to ascertain the underlying facts (see Matter of Mendez v Goord, 21 AD3d 1191, 1192 [2005]). Petitioner’s denial that the incident occurred created a credibility issue for resolution by the Hearing Officer (see Matter of Ramirez v Goord, 32 AD3d 601, 601 [2006]). Finally, we reject petitioner’s contention that he was improperly denied the right to call a character witness (see Matter of Krivoi v Selsky, 284 AD2d 677, 678 [2001]).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ.,

[*1211] concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.