Barnes v. Bezio, 86 A.D.3d 884 (N.Y. App. Div. 2011). · Go Syfert
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Barnes v. Bezio, 86 A.D.3d 884 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of McBride v. Annucci (nyappdiv, 2016-09-15)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of McBride v. Annucci
N.Y. App. Div. · 2016 · confidence medium
Finally, there is nothing in the record to indicate that petitioner was denied a fair hearing or that the determination of guilt was the result of any alleged bias on the part of the Hearing Officer or a predetermination of guilt prior to the hearing (see Matter of Fowler v Fischer, 106 AD3d 1344, 1345 [2013], lv denied 21 NY3d 865 [2013]; Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]).
discussed Cited as authority (rule) Procopio v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Petitioner asserts that he received inadequate employee assistance therein but, assuming any inadequacies existed, they were remedied by the Hearing Officer and did not lead to prejudice (see Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]).
discussed Cited as authority (rule) Procopio v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Petitioner asserts that he received inadequate employee assistance therein but, assuming any inadequacies existed, they were remedied by the Hearing Officer and did not lead to prejudice (see Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]).
cited Cited as authority (rule) Amen v. James
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s claim that the report was not in his possession presented a credibility issue for the Hearing Officer to resolve (see Matter of Barnes v Bezio, 86 AD3d 884, 884-885 [2011]).
cited Cited as authority (rule) Amen v. James
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s claim that the report was not in his possession presented a credibility issue for the Hearing Officer to resolve (see Matter of Barnes v Bezio, 86 AD3d 884, 884-885 [2011]).
discussed Cited as authority (rule) Fragosa v. Miller
N.Y. App. Div. · 2012 · confidence medium
Moreover, upon reviewing the record, we find nothing to indicate that petitioner was denied a fair and impartial hearing or that the determination flowed from any alleged bias on the part of the Hearing Officer (see Matter of McGowan v Fischer, 88 AD3d 1038, 1039 [2011]; Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]).
discussed Cited as authority (rule) Fragosa v. Miller
N.Y. App. Div. · 2012 · confidence medium
Moreover, upon reviewing the record, we find nothing to indicate that petitioner was denied a fair and impartial hearing or that the determination flowed from any alleged bias on the part of the Hearing Officer (see Matter of McGowan v Fischer, 88 AD3d 1038, 1039 [2011]; Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]).
discussed Cited as authority (rule) Scott v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Furthermore, we find nothing in the record to support petitioner’s claim that the Hearing Officer failed to conduct the hearing in a fair and impartial manner or that the determination flowed from the Hearing Officer’s alleged bias (see Matter of Al-Matin v Brown, 86 AD3d 902, 902-903 [2011]; Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]).
discussed Cited as authority (rule) Lashway v. Fischer
N.Y. App. Div. · 2012 · confidence medium
As such, we find that any inadequacies in petitioner’s assistance were remedied at the time of the hearing (see Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]; Matter of Tirado v Goord, 50 AD3d 1332, 1333 [2008]).
discussed Cited as authority (rule) Burgos v. Fischer
N.Y. App. Div. · 2011 · confidence medium
The detailed misbehavior report, supporting documentation and hearing testimony, including the testimony of the counselor who authored the misbehavior report and petitioner’s own admissions, provide substantial evidence to support the determination of guilt (see Matter of Barnes v Bezio, 86 AD3d 884, 884 [2011]; Matter of Cognata v Fischer, 85 AD3d 1456, 1457 [2011]).
Retrieving the full opinion text from the archive…
In the Matter of Jessie J. Barnes
v.
Norman Bezio, as Director of Special Housing and Inmate Disciplinary Programs
Appellate Division of the Supreme Court of the State of New York.
Jul 28, 2011.
86 A.D.3d 884
Cited by 10 opinions  |  Published

After correction officials received confidential information that petitioner was in possession of a weapon, petitioner was pat frisked and a sharpened metal rod with a cloth handle was found in the right front pocket of his pants. As a result, he was charged in a misbehavior report with possessing a weapon and was found guilty of this charge at the conclusion of a tier III disciplinary hearing. The determination was later affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of correction officials involved in the frisk and related documentation, including a picture of the weapon, provide substantial evidence supporting the determination of guilt (see Matter of Robertson v Fischer, 70 AD3d 1081, 1081 [2010]; Matter of Cruz v Fischer, 57 AD3d 1055 [2008]). Petitioner’s claim that the weapon was planted and the misbehavior report written in retaliation for a[*885] complaint filed against another correction officer is belied by the testimony of that officer and presented a credibility issue for the Hearing Officer to resolve (see Matter of Lopez v Fischer, 69 AD3d 1076, 1076 [2010]; Matter of McLean v Fischer, 63 AD3d 1468, 1469 [2009]). Although petitioner also asserts that he was denied adequate employee assistance, any deficiencies were remedied by the Hearing Officer to petitioner’s satisfaction and he has not demonstrated that he was prejudiced (see Matter of Haynes v Bezio, 73 AD3d 1295, 1296 [2010]; Matter of Rivera v Goord, 38 AD3d 964, 964 [2007]). Furthermore, we find no merit to petitioner’s claim that the hearing was not conducted in a fair and impartial manner, and there is no indication in the record that the determination flowed from any alleged bias on the part of the Hearing Officer (see Matter of Griffin v Goord, 43 AD3d 591, 591 [2007]; Matter of Al-Matin v Artus, 43 AD3d 497, 498 [2007]). Petitioner’s remaining contentions, including his claims that he was denied witnesses and relevant documentary evidence, have been considered and are unavailing.

Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.