Coleman v. Fischer, 87 A.D.3d 778 (N.Y. App. Div. 2011). · Go Syfert
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Coleman v. Fischer, 87 A.D.3d 778 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Alsima v. Bondarenka (nyappdiv, 2025-05-22)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
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Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Alsima v. Bondarenka
N.Y. App. Div. · 2025 · confidence medium
Although petitioner and his visitor denied engaging in the offending conduct, this presented a credibility issue for the Hearing Officer to resolve ( see Matter of Stewart v Collado , 214 AD3d at 1230; Matter of Swinton v Venettozzi , 164 AD3d 1584 , 1585 [3d Dept 2018]; Matter of Coleman v Fischer , 87 AD3d 778, 779 [3d Dept 2011]).
discussed Cited as authority (rule) Matter of Stewart v. Collado
N.Y. App. Div. · 2023 · confidence medium
Contrary to petitioner's contention, the misbehavior report, related documentation and testimony at the hearing provide substantial evidence to support the determination of guilt ( see Matter of Dillon v Annucci , 196 AD3d 957, 958 [3d Dept 2021]; Matter of Coleman v Fischer , 87 AD3d 778, 779 [3d Dept 2011]; see also 7 NYCRR 270.2 [B] [2] [iii]).
discussed Cited as authority (rule) Matter of McDonald v. Annucci
N.Y. App. Div. · 2018 · confidence medium
Petitioner's stated explanation — that he was just washing up and never intended to expose himself to the female correction officer — and his related denial that he engaged in either lewd or violent behavior presented a credibility issue for the Hearing Officer to resolve ( see Matter of Lopez v Annucci , 146 AD3d 1262, 1263 [2017]; Matter of Coleman v Fischer , 87 AD3d 778, 779 [2011]), as did his assertion that the misbehavior reports were fabricated in order to retaliate against him ( see Matter of Sital v Fischer , 72 AD3d 1306, 1307 [2010], lv dismissed 15 NY3d 823 [2010]).
cited Cited as authority (rule) Matter of Terrence v. Annucci
N.Y. App. Div. · 2015 · confidence medium
To the extent that petitioner claims that the charge was fabricated, this presented a credibility issue for the Hearing Officer to resolve (see Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]).
discussed Cited as authority (rule) Lewis v. Fischer
N.Y. App. Div. · 2012 · confidence medium
To the extent that petitioner’s version of events differed from that set forth by the commissary clerk and raised a retaliation defense, such differences presented a credibility issue for the Hearing Officer to resolve (see Matter of White v Fischer, 87 AD3d at 1250 ; Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Brown v Taylor, 62 AD3d at 1231 ).
discussed Cited as authority (rule) Lewis v. Fischer
N.Y. App. Div. · 2012 · confidence medium
To the extent that petitioner’s version of events differed from that set forth by the commissary clerk and raised a retaliation defense, such differences presented a credibility issue for the Hearing Officer to resolve (see Matter of White v Fischer, 87 AD3d at 1250 ; Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Brown v Taylor, 62 AD3d at 1231 ).
discussed Cited as authority (rule) Argentina v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s contentions that the hearing was not convened or concluded in a timely manner, he received insufficient assistance, there were errors in the misbehavior report, the correction officer who testified was not shown to be qualified to give an opinion regarding gang signs and symbols, and petitioner did not receive an updated copy of one of the disciplinary rules he was charged with violating were not raised at the hearing and/or upon administrative appeal and are therefore unpreserved for our review (see Matter of Morales v Fischer, 89 AD3d 1346, 1346-1347 [2011]; Matter of Pujals v…
discussed Cited as authority (rule) Argentina v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s contentions that the hearing was not convened or concluded in a timely manner, he received insufficient assistance, there were errors in the misbehavior report, the correction officer who testified was not shown to be qualified to give an opinion regarding gang signs and symbols, and petitioner did not receive an updated copy of one of the disciplinary rules he was charged with violating were not raised at the hearing and/or upon administrative appeal and are therefore unpreserved for our review (see Matter of Morales v Fischer, 89 AD3d 1346, 1346-1347 [2011]; Matter of Pujals v…
discussed Cited as authority (rule) Allison v. Prack
N.Y. App. Div. · 2012 · confidence medium
Initially, petitioner’s challenge to the timeliness of the rehearing has not been preserved for our review due to his failure to object at the rehearing (see Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Taylor v Fischer, 80 AD3d 1037, 1037 [2011]).
discussed Cited as authority (rule) Allison v. Prack
N.Y. App. Div. · 2012 · confidence medium
Initially, petitioner’s challenge to the timeliness of the rehearing has not been preserved for our review due to his failure to object at the rehearing (see Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Taylor v Fischer, 80 AD3d 1037, 1037 [2011]).
discussed Cited as authority (rule) Suero v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s testimony that the misbehavior report was fabricated and that it was he who was assaulted presented a credibility issue for the Hearing Officer to resolve (see Matter of Harrington v Prack, 91 AD3d 1244, 1245 [2012]; Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]).
discussed Cited as authority (rule) Toste v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Contrary to petitioner’s claim, there is nothing in the record to indicate that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Smith v Fischer, 87 AD3d 1198, 1199 [2011]; Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]).
discussed Cited as authority (rule) Toste v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Contrary to petitioner’s claim, there is nothing in the record to indicate that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Smith v Fischer, 87 AD3d 1198, 1199 [2011]; Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]).
discussed Cited as authority (rule) Suero v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s testimony that the misbehavior report was fabricated and that it was he who was assaulted presented a credibility issue for the Hearing Officer to resolve (see Matter of Harrington v Prack, 91 AD3d 1244, 1245 [2012]; Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]).
discussed Cited as authority (rule) Peoples v. Bezio
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s assertions that the misbehavior report was fabricated and that he was assaulted by correction officers presented credibility issues for the Hearing Officer to resolve (see Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Peoples v Selsky, 33 AD3d 1179, 1180 [2006]).
discussed Cited as authority (rule) Williams v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s claim that the misbehavior report was fabricated and the contrary version of events related by him and his inmate witnesses presented a credibility issue for the Hearing Officer to resolve (see Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Johnson v Goord, 42 AD3d 626, 627 [2007]).
discussed Cited as authority (rule) Harrington v. Prack
N.Y. App. Div. · 2012 · confidence medium
Petitioner’s denial of the charges and claim that the misbehavior report was fabricated presented a credibility issue for the Hearing Officer to resolve (see Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Cooper v Prack, 85 AD3d 1470, 1471 [2011]).
discussed Cited "see, e.g." Boynton v. Fischer
N.Y. App. Div. · 2013 · signal: see also · confidence medium
Moreover, while petitioner challenges the sufficiency of the statement of evidence relied upon by the Hearing Officer, we find that it adequately complied with the regulatory requirements (see 7 NYCRR 254.7 [a] [5]; see also Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]).
discussed Cited "see, e.g." Boynton v. Fischer
N.Y. App. Div. · 2013 · signal: see also · confidence medium
Moreover, while petitioner challenges the sufficiency of the statement of evidence relied upon by the Hearing Officer, we find that it adequately complied with the regulatory requirements (see 7 NYCRR 254.7 [a] [5]; see also Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]).
Retrieving the full opinion text from the archive…
In the Matter of Walter Coleman
v.
Brian Fischer, as Commissioner of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
Aug 4, 2011.
87 A.D.3d 778
Cited by 19 opinions  |  Published

[*779] While a female correction officer was making her rounds on petitioner’s dorm, she heard heavy breathing coming from petitioner’s cell and observed petitioner staring at her and making rapid movements with his hand under a blanket leading her to conclude that he was masturbating. She ordered petitioner to stay in his cell while she went to report the incident. Petitioner left his cell and approached the officer in the day room where he attempted to explain his conduct, at which point she directed him to return to his cell. Thereafter, petitioner was charged in a misbehavior report with engaging in lewd conduct and refusing a direct order. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The detailed misbehavior report provides substantial evidence supporting the determination of guilt (see Matter of Dar shan v Bango, 83 AD3d 1302 [2011]; Matter of Johnson v Goord, 42 AD3d 626, 627 [2007]). Petitioner’s denial of the charges and claim that the misbehavior report was fabricated presented a credibility issue for the Hearing Officer to resolve (see Matter of Parra v Fischer, 76 AD3d 724, 725 [2010], lv denied 15 NY3d 714 [2010]; Matter of Sital v Fischer, 72 AD3d 1306, 1307 [2010], lv dismissed 15 NY3d 823 [2010]). Contrary to petitioner’s assertion, we find nothing in the record to indicate that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Abreu v Bezio, 78 AD3d 1341, 1342 [2010]; Matter of Truman v Fischer, 75 AD3d 1019, 1020 [2010]), and the disposition included an adequate statement of evidence relied upon (see 7 NYCRR 254.7 [a] [5]). Petitioner’s challenge to the timeliness of the hearing has not been preserved for our review due to his failure to raise it at the hearing (see Matter of Taylor v Fischer, 80 AD3d 1037, 1037 [2011]; Matter of Rosario v Goord, 25 AD3d 841, 842 [2006]). Therefore, the determination must be confirmed.

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