Reyes v. Leclaire, 49 A.D.3d 884 (N.Y. App. Div. 2008). · Go Syfert
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Reyes v. Leclaire, 49 A.D.3d 884 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Hamlett v. Prack (nyappdiv, 2016-05-04)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
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Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Hamlett v. Prack
N.Y. App. Div. · 2016 · confidence medium
Moreover, the record demonstrated that the hearing was conducted in a fair and impartial manner, and *731 there was no evidence that the determination was the result of any alleged bias on the part of the hearing officer (see Matter of Wade v Fischer, 119 AD3d 868, 869 [2014]; Matter of Reyes v Leclaire, 49 AD3d 884, 885 [2008]).
discussed Cited as authority (rule) Matter of Wade v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The hearing was conducted in a fair and impartial manner, and there was no evidence that the determination was the result of any alleged bias on the part of the hearing officer (see Matter of Reyes v Leclaire, *870 49 AD3d 884, 885 [2008]; Matter of Smythe v Goord, 41 AD3d at 609 ).
discussed Cited as authority (rule) Phillips v. Lee
N.Y. App. Div. · 2014 · confidence medium
Contrary to the petitioner’s contention, the hearing officer’s determination that he was guilty of violating prison disciplinary rules was supported by substantial evidence in the record (see Matter of Foster v Coughlin, 76 NY2d 964, 966 [1990]; Matter of Harris v Kaplin, 102 AD3d 692, 692-693 [2013]; Matter of Mills v Fischer, 85 AD3d 1033 [2011]; Matter of Haynes v Bezio, 73 AD3d 1295, 1296 [2010]; Matter of Reyes v Leclaire, 49 AD3d 884, 884-885 [2008]).
discussed Cited as authority (rule) Phillips v. Lee
N.Y. App. Div. · 2014 · confidence medium
Contrary to the petitioner’s contention, the hearing officer’s determination that he was guilty of violating prison disciplinary rules was supported by substantial evidence in the record (see Matter of Foster v Coughlin, 76 NY2d 964, 966 [1990]; Matter of Harris v Kaplin, 102 AD3d 692, 692-693 [2013]; Matter of Mills v Fischer, 85 AD3d 1033 [2011]; Matter of Haynes v Bezio, 73 AD3d 1295, 1296 [2010]; Matter of Reyes v Leclaire, 49 AD3d 884, 884-885 [2008]).
discussed Cited as authority (rule) Stephens v. Lee (2×)
N.Y. App. Div. · 2014 · confidence medium
The credibility issues were resolved by the hearing officer as the trier of fact, and we find no basis upon which to disturb his determination (see Matter of Ojeda v Venettozzi, 99 AD3d at 914 ; Matter of Reyes v Leclaire, 49 AD3d 884, 885 [2008]; Matter of Reyes v Goord, 49 AD3d at 546).
discussed Cited as authority (rule) Stephens v. Lee (2×)
N.Y. App. Div. · 2014 · confidence medium
The credibility issues were resolved by the hearing officer as the trier of fact, and we find no basis upon which to disturb his determination (see Matter of Ojeda v Venettozzi, 99 AD3d at 914 ; Matter of Reyes v Leclaire, 49 AD3d 884, 885 [2008]; Matter of Reyes v Goord, 49 AD3d at 546).
discussed Cited as authority (rule) Harris v. Kaplin
N.Y. App. Div. · 2013 · confidence medium
The record reveals that the hearing was conducted in a fair and impartial manner, and that the determination was not the result of any alleged bias on the part of the hearing officer (see Matter of Carlisle v Lee, 96 AD3d 837 [2012]; Matter of Reyes v Leclaire, 49 AD3d 884, 885 [2008]; Matter of Smythe v Goord, 41 AD3d 608, 609 [2007]; Matter of Cepeda v Goord, 39 AD3d 640, 641 [2007]; Matter of De La Cruz v Selsky, 36 AD3d 907 [2007]).
discussed Cited as authority (rule) Harris v. Kaplin
N.Y. App. Div. · 2013 · confidence medium
The record reveals that the hearing was conducted in a fair and impartial manner, and that the determination was not the result of any alleged bias on the part of the hearing officer (see Matter of Carlisle v Lee, 96 AD3d 837 [2012]; Matter of Reyes v Leclaire, 49 AD3d 884, 885 [2008]; Matter of Smythe v Goord, 41 AD3d 608, 609 [2007]; Matter of Cepeda v Goord, 39 AD3d 640, 641 [2007]; Matter of De La Cruz v Selsky, 36 AD3d 907 [2007]).
Retrieving the full opinion text from the archive…
In the Matter of Richard Reyes
v.
Lucian F. Leclaire, Jr.
Appellate Division of the Supreme Court of the State of New York.
Mar 25, 2008.
49 A.D.3d 884
Cited by 15 opinions  |  Published

When reviewing a prison disciplinary determination, the court must decide whether the determination was supported by substantial evidence (see Matter of Ramsey v Phillips, 11 AD3d 470 [2004]; Matter of Glover v Goord, 262 AD2d 483 [1999]). Here, a review of the record, including the misbehavior report[*885] and the testimony of Correction Officer Miller, reveals that there was substantial evidence to support the respondent’s determination that the petitioner violated prison rules. The credibility issues were resolved by the Hearing Officer as the trier of fact and we perceive no basis upon which to disturb his determination (see Matter of Gilzene v McGinnis, 300 AD2d 658 [2002]; Matter of Ramos v Goord, 286 AD2d 392 [2001]; Matter of Rivera v Selsky, 266 AD2d 295 [1999]).

The petitioner contends that the hearing was unfair in that he was denied an opportunity to present evidence of a previous involuntary protective custody (hereinafter IPC) report filed against him. However, the prior IPC report was irrelevant since the petitioner failed to demonstrate how the document had any bearing on this case. Thus, it was properly excluded by the Hearing Officer (see Matter of Caraway v Herbert, 285 AD2d 778, 779 [2001]).

The petitioner failed to demonstrate that the Hearing Officer was biased against him. The record demonstrates that the hearing was conducted in a fair and impartial manner and that the determination was not the result of any bias on the part of the Hearing Officer (see Matter of Griffin v Goord, 43 AD3d 591, 592 [2007]; Matter of Cayenne v Goord, 16 AD3d 782, 783-784 [2005]). Spolzino, J.P., Florio, Angiolillo and Dickerson, JJ., concur.