Amaker v. Bezio, 98 A.D.3d 1146 (N.Y. App. Div. 2012). · Go Syfert
Amaker v. Bezio, 98 A.D.3d 1146 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Hill v. Bradford (nyappdiv, 2026-05-21)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Hill v. Bradford (2×)
N.Y. App. Div. · 2026 · confidence medium
To the extent that petitioner challenges the remainder of the determination, the misbehavior report and petitioner's testimony, including his admission that he refused multiple orders to provide his cell number, provide substantial evidence to support the determination that petitioner was guilty of creating [*2] a disturbance and a movement regulation violation ( see Matter of Olukotun-Williams v Gardner , 221 AD3d 1164, 1165 [3d Dept 2023], lv denied 42 NY3d 902 [2024]; Matter of Amaker v Bezio , 98 AD3d 1146, 1146-1147 [3d Dept 2012]).
discussed Cited as authority (rule) Matter of Jackson v. Annucci
N.Y. App. Div. · 2018 · confidence medium
Although he argued that he refused the order because the facility dress code does not require the type of shirt he was wearing to be tucked in, "he was not entitled to engage in demonstrations or other forms of self-help, nor was he entitled on this basis to refuse to obey direct orders" ( Matter of Amaker v Bezio , 98 AD3d 1146, 1146-1147 [2012] [internal citation omitted]; see Matter of Rico v Fischer , 112 AD3d 1249, 1249-1250 [2013]).
discussed Cited as authority (rule) Matter of Caraway v. Annucci
N.Y. App. Div. · 2018 · confidence medium
Contrary to petitioner's contention, his retaliation defense was considered by the Hearing Officer, and the fact that this credibility issue was resolved adversely to petitioner does not establish that the Hearing Officer was biased or that petitioner was otherwise denied a fair hearing ( see Matter of Gaston v Annucci , 147 AD3d 1131, 1132 [2017]; Matter of Amaker v Bezio , 98 AD3d 1146, 1146 [2012]).
cited Cited as authority (rule) Matter of Gaston v. Annucci
N.Y. App. Div. · 2017 · confidence medium
The fact that the Hearing Officer resolved such credibility issue adversely to petitioner is not indicative of bias (see Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]).
discussed Cited as authority (rule) MatterofShepherdvFischer
N.Y. App. Div. · 2014 · confidence medium
Petitioner asserted that he did not obey the orders because he believed them to be improper but, regardless of his belief, "he was not entitled to engage in . . . self-help" by refusing to comply with them (Matter of Amaker v Bezio, 98 AD3d 1146, 1146-1147 [2012]; see Matter of Miller v Goord, 2 AD3d 928, 930 [2003]).
discussed Cited as authority (rule) Shepherd v. Fischer
N.Y. App. Div. · 2014 · confidence medium
Petitioner asserted that he did not obey the orders because he believed them to be improper but, regardless of his belief, “he was not entitled to engage in . . . self-help” by refusing to comply with them (Matter of Amaker v Bezio, 98 AD3d 1146, 1146-1147 [2012]; see Matter of Miller v Goord, 2 AD3d 928, 930 [2003]).
discussed Cited as authority (rule) Shepherd v. Fischer
N.Y. App. Div. · 2014 · confidence medium
Petitioner asserted that he did not obey the orders because he believed them to be improper but, regardless of his belief, “he was not entitled to engage in . . . self-help” by refusing to comply with them (Matter of Amaker v Bezio, 98 AD3d 1146, 1146-1147 [2012]; see Matter of Miller v Goord, 2 AD3d 928, 930 [2003]).
discussed Cited as authority (rule) Fulton v. Chase
N.Y. App. Div. · 2014 · confidence medium
First addressing the determination finding petitioner guilty of creating a disturbance and refusing a direct order, we conclude that the second misbehavior report, together with the testimony provided by correction officials at the second hearing, provide substantial evidence supporting the determination of guilt (see Matter of Bookman v Fischer, 107 AD3d 1260, 1260 [2013]; Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]).
discussed Cited as authority (rule) Fulton v. Chase
N.Y. App. Div. · 2014 · confidence medium
First addressing the determination finding petitioner guilty of creating a disturbance and refusing a direct order, we conclude that the second misbehavior report, together with the testimony provided by correction officials at the second hearing, provide substantial evidence supporting the determination of guilt (see Matter of Bookman v Fischer, 107 AD3d 1260, 1260 [2013]; Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]).
discussed Cited as authority (rule) Boyd v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Further, the Hearing Officer did not err in denying petitioner’s request for a witness that could not provide relevant or material proof (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]).
discussed Cited as authority (rule) Boyd v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Further, the Hearing Officer did not err in denying petitioner’s request for a witness that could not provide relevant or material proof (see Matter of Colon v Fischer, 98 AD3d 1176 , 1177 [2012], lv denied 20 NY3d 857 [2013]; Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]).
discussed Cited as authority (rule) Toliver v. Commissioner of New York State Department of Corrections & Community Supervision
N.Y. App. Div. · 2013 · confidence medium
The misbehavior reports, hearing testimony and video of the incidents provide substantial evidence to support the determination (see Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]; Matter of Brown v Goord, 17 AD3d 952, 952 [2005]), and petitioner’s retaliation defense presented a credibility issue for the Hearing Officer to resolve (see Matter of Brown v Goord, 17 AD3d at 952 ).
discussed Cited as authority (rule) Toliver v. Commissioner of New York State Department of Corrections & Community Supervision
N.Y. App. Div. · 2013 · confidence medium
The misbehavior reports, hearing testimony and video of the incidents provide substantial evidence to support the determination (see Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]; Matter of Brown v Goord, 17 AD3d 952, 952 [2005]), and petitioner’s retaliation defense presented a credibility issue for the Hearing Officer to resolve (see Matter of Brown v Goord, 17 AD3d at 952 ).
discussed Cited as authority (rule) Owens v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Substantial evidence, in the form of the detailed second misbehavior report and the testimony of the officers involved in the incident, supports the remainder of the determination (see Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]; Matter of Walker v Bezio, 96 AD3d 1268, 1268 [2012]).
discussed Cited as authority (rule) Mays v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The misbehavior report, together with the testimony of the correction officer who authored the report, provide substantial evidence supporting the determination of guilt (see Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]; Matter of Shields v Fischer, 95 AD3d 1574, 1574 [2012]).
discussed Cited as authority (rule) Mays v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The misbehavior report, together with the testimony of the correction officer who authored the report, provide substantial evidence supporting the determination of guilt (see Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]; Matter of Shields v Fischer, 95 AD3d 1574, 1574 [2012]).
discussed Cited as authority (rule) Owens v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Substantial evidence, in the form of the detailed second misbehavior report and the testimony of the officers involved in the incident, supports the remainder of the determination (see Matter of Amaker v Bezio, 98 AD3d 1146, 1146 [2012]; Matter of Walker v Bezio, 96 AD3d 1268, 1268 [2012]).
discussed Cited "see" Hyatt v. Fischer
N.Y. App. Div. · 2013 · signal: see · confidence high
Contrary to petitioner’s further contention, he was properly removed from the hearing after engaging in “disruptive, argumentative and antagonistic behavior” despite being warned to stop (Matter of Applewhite v Goord, 49 AD3d 1046, 1047 [2008]; see Matter of Amaker v Bezio, 98 AD3d 1146, 1147 [2012]).
discussed Cited "see" Hyatt v. Fischer
N.Y. App. Div. · 2013 · signal: see · confidence high
Contrary to petitioner’s further contention, he was properly removed from the hearing after engaging in “disruptive, argumentative and antagonistic behavior” despite being warned to stop (Matter of Applewhite v Goord, 49 AD3d 1046, 1047 [2008]; see Matter of Amaker v Bezio, 98 AD3d 1146, 1147 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Anthony D. Amaker
v.
Norman Bezio, as Director of Special Housing and Inmate Disciplinary Programs
Appellate Division of the Supreme Court of the State of New York.
Sep 13, 2012.
98 A.D.3d 1146
Cited by 20 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging two tier III disciplinary determinations. The first misbehavior report charged violations of seven disciplinary rules arising from an argument between petitioner and correction officers about his right to wear his hair in dreadlocks, occurring as he was en route to attend religious services. The second misbehavior report was issued later on the same day, charging three rule violations arising from a further verbal confrontation between petitioner and a correction officer after being escorted back to his cell and ordered to lock in. In the first matter, petitioner was found guilty of six violations following a hearing. Upon his administrative appeal, four were upheld: demonstration, creating a disturbance, interference with an employee and disobeying a direct order. Following his hearing in the second matter, petitioner was found guilty of refusing a direct order, movement regulation violation and verbal harassment. All were upheld upon his administrative appeal.

We confirm. As to the first misbehavior report, the detailed report together with the testimony of its author and another correction officer present at the scene constitute substantial evidence supporting the determination of guilt (see Matter of Carrasco v Fischer, 96 AD3d 1315, 1316 [2012]; Matter of Gallagher v New York State Dept. of Correctional Servs., 96 AD3d 1319, 1320 [2012]). Contrary to petitioner’s argument, the record demonstrates that he was not denied his right to call relevant or material witnesses (see Matter of White v Fischer, 87 AD3d 1249,1250 [2011]). Petitioner’s claim that the misbehavior report was filed in retaliation or because of religious or racial bias posed a credibility issue for the Hearing Officer to resolve (see Matter of White v Fischer, 95 AD3d 1582, 1583 [2012]; Matter of Abbas v Selsky, 22 AD3d 982, 983 [2005]). The fact that these issues were resolved adversely to petitioner does not, as he claims, establish bias (see Matter of Cendales v Goord, 305 AD2d 824, 825 [2003]). Though petitioner claims that the correction officers were violating the terms of a federal court pre[*1147] liminary injunction, he was not entitled to engage in demonstrations or other forms of self-help (see Matter of Burgos v Fischer, 90 AD3d 1403, 1404 [2011]), nor was he entitled on this basis to refuse to obey direct orders {see Matter of Miller v Goord, 2 AD3d 928, 930 [2003]; Matter of Tafari v McGinnis, 307 AD2d 502, 503 [2003]).*

Upon review of the second misbehavior report and the testimony of the hearing in this second proceeding, we find the determination of guilt supported by substantial evidence (see Matter of Walker v Bezio, 96 AD3d 1268 [2012]). There is no record evidence supporting petitioner’s claims that the Hearing Officer was biased against him and the report was filed for a retaliatory purpose. Finally, “[w]e find no error in the Hearing Officer’s removal of petitioner from the hearing given his argumentative and disruptive behavior” (Matter of McKinney v Fischer, 94 AD3d 1325, 1326 [2012]).

Petitioner’s remaining contentions, including his claims that the extensions granted for completion of the disciplinary hearing relative to the first report were improper, have been examined and found to be unpersuasive.

Peters, PJ., Rose, Spain, Kavanagh and Garry, JJ., concur. Adjudged that the determinations are confirmed, without costs, and petition dismissed.

In such circumstances, inmates must seek redress through other means, such as the grievance procedure (see Matter of Davis v Goord, 301 AD2d 1002, 1003 [2003], lv dismissed 100 NY2d 534 [2003]).