Rodriguez v. Fischer, 96 A.D.3d 1333 (N.Y. App. Div. 2012). · Go Syfert
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Rodriguez v. Fischer, 96 A.D.3d 1333 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Williams v. Fischer (nyappdiv, 2013-11-07)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Williams v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Finally, the record demonstrates that the determination of guilt resulted from the evidence presented, rather than any alleged hearing officer bias (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Williams v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Finally, the record demonstrates that the determination of guilt resulted from the evidence presented, rather than any alleged hearing officer bias (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Fero v. Prack
N.Y. App. Div. · 2013 · confidence medium
Finally, a review of the record reveals that the determination resulted from the evidence presented at the hearing, rather than any alleged hearing officer bias (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Fero v. Prack
N.Y. App. Div. · 2013 · confidence medium
Finally, a review of the record reveals that the determination resulted from the evidence presented at the hearing, rather than any alleged hearing officer bias (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Stallone v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Finally, a review of the record demonstrates that the Hearing Officer properly considered all of the evidence before him and rendered the determinations based upon that evidence, rather than any alleged bias (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Stallone v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Finally, a review of the record demonstrates that the Hearing Officer properly considered all of the evidence before him and rendered the determinations based upon that evidence, rather than any alleged bias (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Abrams v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Finally, our review of the record reveals that the finding of guilt did not result from hearing officer bias but, rather, was based on the substantial evidence elicited during the hearing (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Abrams v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Finally, our review of the record reveals that the finding of guilt did not result from hearing officer bias but, rather, was based on the substantial evidence elicited during the hearing (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Madison v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Additionally, petitioner’s assertion that the confiscated items were not gang-related and the sergeant’s interpretation of the meanings was mistaken presented a credibility issue to be resolved by the Hearing Officer (see Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
discussed Cited as authority (rule) Madison v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Additionally, petitioner’s assertion that the confiscated items were not gang-related and the sergeant’s interpretation of the meanings was mistaken presented a credibility issue to be resolved by the Hearing Officer (see Matter of Rodriguez v Fischer, 96 AD3d 1333, 1333 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Chan Rodriguez
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Jun 28, 2012.
96 A.D.3d 1333
Cited by 12 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

After a search of petitioner’s cube produced an allegedly gang-related item in a photo album, petitioner was charged in a misbehavior report with violating the prison rule prohibiting the possession of such material. He was found guilty of the charge following a tier III disciplinary hearing. Although the penalty was modified upon administrative review, the determination of guilt was otherwise affirmed, prompting the commencement of this CPLR article 78 proceeding.

We confirm. The misbehavior report, along with the documentary evidence, hearing witnesses, petitioner’s own statements and the testimony of a correction officer trained in recognizing gang materials, provide substantial evidence supporting the determination of guilt (see Matter of Ortiz v Fischer, 91 AD3d 1006 [2012]; Matter of Arrington v Venettozzi, 87 AD3d 1215 [2011] ). Petitioner’s claim that the confiscated material was not gang-related and was simply “graffiti” presented a credibility issue to be resolved by the Hearing Officer (see Matter of Ortiz v Fischer, 91 AD3d at 1006). Contrary to petitioner’s argument, our review confirms that the determination of guilt resulted from the evidence presented at the hearing and not hearing officer bias (see Matter of Alicea v Fischer, 94 AD3d 1316, 1317 [2012] ).

[*1334] Petitioner’s remaining contentions are either unpreserved for our review or lacking in merit.

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