Pisano v. Fischer, 87 A.D.3d 1247 (N.Y. App. Div. 3d Dep't 2011). · Go Syfert
Pisano v. Fischer, 87 A.D.3d 1247 (N.Y. App. Div. 3d Dep't 2011). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Cited for
At page 1248 Reviewing disciplinary findings and procedural due process9 citing caseswith engaging in an unauthorized exchange and selling drugs. The resulting tier III disciplinary hearing was reversed on procedural grounds and a rehearing was…opening of page *1248 (no citing court says what it cites this page for) · 6 listed here
  • Cane v. Fischer, 115 A.D.3d 1097 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    The misbehavior report was prepared as the result of an ongoing investigation and, contrary to petitioner’s claim, was sufficiently detailed to enable him to prepare a defense (see Matter of Scivolette v Track, 102 AD3d at 1024; Matter of…
  • Meachem v. Fischer, 108 A.D.3d 973 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    Based upon our review of the record, we find that the charge of organizing activity detrimental to the order of the facility is supported by substantial evidence, including the misbehavior report, hearing testimony and confidential evidenc…
  • Perez v. Fischer, 100 A.D.3d 1324 (N.Y. App. Div. 3d Dep't 2012).published 2 cites
    The record establishes that the Hearing Officer, who personally interviewed the confidential informant, properly conducted an independent assessment of the reliability of the confidential information received (see Matter of Pisano v Fische…
  • Williams v. Fischer, 93 A.D.3d 1051 (N.Y. App. Div. 3d Dep't 2012).published
    Thus, it clearly provided petitioner with sufficient notice of the charges to enable him to prepare a defense (see 7 NYCRR 251-3.1 [c]; Matter of Pisano v Fischer, 87 AD3d 1247, 1248 [2011]; Matter of Cognata v Fischer, 85 AD3d 1456, 1457…
  • Wallace v. Prack, 93 A.D.3d 1056 (N.Y. App. Div. 3d Dep't 2012).published
    Notwithstanding petitioner’s assertion to the contrary, the Hearing Officer properly ascertained the reliability of the confidential informants through conducting personal interviews with these individuals in camera (see Matter of Perez v…
  • Brooks v. Fischer, 92 A.D.3d 987 (N.Y. App. Div. 3d Dep't 2012).published
    The misbehavior report, testimony of the correction officers who investigated the incident and testimony of a confidential informant provide substantial evidence to support the determination of guilt (see Matter of Pisano v Fischer, 87 AD3…
At page 1247 Following an investigation, during which information was received from confidential sources indicating that petitioner was selling marihuana in the…1 citing caseopening of page *1247 (no citing court says what it cites this page for)
  • Sheller v. Bezio, 93 A.D.3d 958 (N.Y. App. Div. 3d Dep't 2012).published
    The remainder of petitioner’s contentions are unpreserved for review by virtue of his failure to raise them at the hearing or in his administrative appeal (see Matter of Crenshaw v Fischer, 87 AD3d at 1247; Matter of Kalwasinski v Fischer,…
Retrieving the full opinion text from the archive…
In the Matter of Angelo Pisano
v.
Brian Fischer, as Commissioner of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
Sep 29, 2011.
Published opinion
87 A.D.3d 1247
Cited by 9 opinions  |  Published

Following an investigation, during which information was received from confidential sources indicating that petitioner was selling marihuana in the correctional facility where he was incarcerated, petitioner was charged in a misbehavior report[*1248] with engaging in an unauthorized exchange and selling drugs. The resulting tier III disciplinary hearing was reversed on procedural grounds and a rehearing was ordered. Following a rehearing on the charges contained in the original misbehavior report, petitioner was found guilty and the determination was affirmed on administrative appeal. The penalty included a recommended loss of six months of good time, which the Time Allowance Committee withheld in computing petitioner’s conditional release date. Petitioner commenced this CPLR article 78 proceeding challenging the disciplinary determination, as well as the determination of the Time Allowance Committee.

We confirm. The misbehavior report, together with the testimony of the sergeant who prepared it and the confidential information considered by the Hearing Officer in camera, provide substantial evidence supporting the determination of guilt (see Matter of Washington v Fischer, 74 AD3d 1659, 1659 [2010]; Matter of Rympalski v Goord, 19 AD3d 960 [2005]). Contrary to petitioner’s claim, the Hearing Officer properly conducted an independent assessment of the reliability of the confidential information received by questioning the correction sergeant involved in the investigation, as well as a confidential source (see Matter of Alba v Goord, 6 AD3d 847, 847 [2004]; Matter of Fernandez v Goord, 304 AD2d 1005, 1005-1006 [2003]). Moreover, inasmuch as the misbehavior report was written as the result of an ongoing investigation into the sale of marihuana at the facility and set forth the nature of the transactions as well as the particular rules violated, we find that the report as a whole provided petitioner with adequate notice of the charges to enable him to prepare a defense (see Matter of Catlin v Gouverneur Correctional Facility, 38 AD3d 1025, 1026 [2007]; Matter of Jackson v Smith, 13 AD3d 685, 685 [2004], lv denied 4 NY3d 707 [2005]). Likewise, while petitioner complains that he was not given adequate employee assistance, the record establishes that he received assistance after the misbehavior report initially was written, and any additional documents and/or witnesses he requested prior to the rehearing were provided by the Hearing Officer, thereby remedying any deficiencies and alleviating any prejudice (see Matter of Lovett v Goord, 26 AD3d 563, 564 [2006]; Matter of Otero v Selsky, 9 AD3d 631, 632 [2004]). Lastly, upon reviewing the record, we find no impropriety in the actions of the Time Allowance Committee in withholding petitioner’s good time credit when computing his conditional release date. Petitioner’s remaining contentions are either unpreserved for our review or are lacking in merit.

[*1249] Rose, J.E, Lahtinen, McCarthy, Garry and. Egan Jr., JJ., concur. Adjudged that the determinations are confirmed, without costs, and petition dismissed.