Evans v. Bezio, 84 A.D.3d 1622 (N.Y. App. Div. 2011). · Go Syfert
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Evans v. Bezio, 84 A.D.3d 1622 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Onega v. Rodriquez (nyappdiv, 2019-06-27)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Onega v. Rodriquez
N.Y. App. Div. · 2019 · confidence medium
The misbehavior report, together with the positive urinalysis test results and related documentation, provide substantial evidence supporting the determination of guilt ( see Matter of Briggs v Annucci , 145 AD3d 1301, 1302 [2016]; Matter of Evans v Bezio , 84 AD3d 1622, 1622-1623 [2011]).
discussed Cited as authority (rule) Merritt v. Fischer
N.Y. App. Div. · 2013 · confidence medium
With regard to the second determination, the misbehavior report and the positive test results and related documentation provide substantial evidence supporting the determination of guilt (see Matter of Evans v Bezio, 84 AD3d 1622, 1622-1623 [2011]; Matter of Johnson v Fischer, 73 AD3d 1369, 1370 [2010]).
discussed Cited as authority (rule) Merritt v. Fischer
N.Y. App. Div. · 2013 · confidence medium
With regard to the second determination, the misbehavior report and the positive test results and related documentation provide substantial evidence supporting the determination of guilt (see Matter of Evans v Bezio, 84 AD3d 1622, 1622-1623 [2011]; Matter of Johnson v Fischer, 73 AD3d 1369, 1370 [2010]).
discussed Cited as authority (rule) Lewis v. Lape
N.Y. App. Div. · 2011 · confidence medium
Petitioner’s remaining contentions were not raised at the hearings and are thus unpreserved for our review (see Matter of Evans v Bezio, 84 AD3d 1622, 1623 [2011]; Matter of Abreu v Fischer, 83 AD3d 1348, 1348-1349 [2011]).
discussed Cited as authority (rule) Thompson v. Fischer
N.Y. App. Div. · 2011 · confidence medium
The misbehavior reports, extensive supporting documentation and positive drug test results provide substantial evidence to support the determination of guilt with regard to all of the charges (see Matter of Evans v Bezio, 84 AD3d 1622, 1622-1623 [2011]; Matter of Hughes v Bezio, 84 AD3d 1598, 1598 [2011]).
discussed Cited as authority (rule) Encarnacion v. Bellnier
N.Y. App. Div. · 2011 · confidence medium
Preliminarily, petitioner’s assertions that the underlying misbehavior reports were insufficient to enable him to prepare a defense and that he was denied the opportunity to present witnesses or documentary evidence on his behalf are unpreserved for our review in light of his failure to raise such issues at the respective hearings (see Matter of Vidal-Ortiz v Fischer, 84 AD3d 1627, 1628 [2011]; Matter of Evans v Bezio, 84 AD3d 1622, 1623 [2011]).
discussed Cited as authority (rule) Love v. Prack
N.Y. App. Div. · 2011 · confidence medium
Petitioner’s claims that the Hearing Officer failed to sufficiently investigate the alleged victim’s refusal to testify and failed to articulate how disclosure of the confidential testimony would jeopardize institutional safety are unpreserved for our review due to petitioner’s failure to object during the hearing, where any alleged errors could have been addressed (see Matter of Evans v Bezio, 84 AD3d 1622, 1623 [2011]; Matter of Brown v Venettozzi, 79 AD3d 1510, 1511 [2010]).
discussed Cited as authority (rule) Nunez v. Bezio
N.Y. App. Div. · 2011 · confidence medium
To the extent that petitioner challenges the determination based upon substantial evidence grounds, the misbehavior report, positive test results and supporting documentation provided ample support for the determination of guilt (see Matter of Evans v Bezio, 84 AD3d 1622, 1622-1623 [2011]; Matter of Hughes v Bezio, 84 AD3d 1598, 1598 [2011]).
discussed Cited as authority (rule) Ellison v. Fischer
N.Y. App. Div. · 2011 · confidence medium
Petitioner’s remaining contentions are either unpreserved for our review (see Matter of Daniel v Fischer, 86 AD3d 892, 893 [2011]; Matter of Evans v Bezio, 84 AD3d 1622, 1623 [2011]), or have been considered and found to be without merit.
Retrieving the full opinion text from the archive…
In the Matter of Doran Evans
v.
Norman R. Bezio, as Director of Special Housing and Inmate Disciplinary Programs
Appellate Division of the Supreme Court of the State of New York.
May 19, 2011.
84 A.D.3d 1622
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 a prison disciplinary rule.

After his urine sample twice tested positive for opiates, petitioner was charged in a misbehavior report with drug use. Following a tier III disciplinary hearing, at which petitioner declined to present evidence or call witnesses, he was found guilty of the charge and that determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, positive test results and[*1623] supporting documentation provide substantial evidence to support the determination of guilt (see Matter of Coleman v Fischer, 81 AD3d 1018 [2011]; Matter of Hill v Smith, 73 AD3d 1418, 1418 [2010]). With regard to petitioner’s procedural contentions, including that he was denied certain documentation and that the Hearing Officer failed to consult medical personnel, we find them unpreserved by petitioner’s failure to object during the hearing, when the alleged deficiencies could have been addressed (see Matter of Latham v Taylor, 80 AD3d 1044 [2011]; Matter of Hamilton v Bezio, 76 AD3d 1125, 1126 [2010]).

Mercure, J.E, Rose, Kavanagh, Stein and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.