Connelly v. Griffin, 101 A.D.3d 1211 (N.Y. App. Div. 2012). · Go Syfert
Connelly v. Griffin, 101 A.D.3d 1211 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Kairis v. Smith (nyappdiv, 2016-07-28)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Kairis v. Smith
N.Y. App. Div. · 2016 · confidence medium
The contrary testimony of petitioner and his inmate witnesses presented a credibility issue for the Hearing Officer to resolve (see Matter of Connelly v Griffin, 101 AD3d 1211, 1212 [2012]; Matter of Hale v Selsky, 57 AD3d 1136, 1137 [2008], appeal dismissed 12 NY3d 776 [2009]).
discussed Cited as authority (rule) Vargas v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The misbehavior report and hearing testimony of a correction officer who heard petitioner make threatening comments after undergoing a pat frisk constitute substantial evidence to support the determination of guilt (see Matter of Evans v Fischer, 116 AD3d 1329, 1330 [2014]; Matter of Connelly v Griffin, 101 AD3d 1211, 1212 [2012]).
discussed Cited as authority (rule) MatterofVargasvFischer
N.Y. App. Div. · 2014 · confidence medium
The misbehavior report and hearing testimony of a correction officer who heard petitioner make threatening comments after undergoing a pat frisk constitute substantial evidence to support the determination of guilt (see Matter of Evans v Fischer, 116 AD3d 1329, 1330 [2014]; Matter of Connelly v Griffin, 101 AD3d 1211, 1212 [2012]).
discussed Cited as authority (rule) Vargas v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The misbehavior report and hearing testimony of a correction officer who heard petitioner make threatening comments after undergoing a pat frisk constitute substantial evidence to support the determination of guilt (see Matter of Evans v Fischer, 116 AD3d 1329, 1330 [2014]; Matter of Connelly v Griffin, 101 AD3d 1211, 1212 [2012]).
discussed Cited as authority (rule) Collins v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The contrary testimony of petitioner and his inmate witness presented a credibility issue for the Hearing Officer to resolve (see Matter of Connelly v Griffin, 101 AD3d 1211, 1212 [2012]; Matter of Truman v Fischer, 75 AD3d 1019, 1020 [2010]).
discussed Cited as authority (rule) Collins v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The contrary testimony of petitioner and his inmate witness presented a credibility issue for the Hearing Officer to resolve (see Matter of Connelly v Griffin, 101 AD3d 1211, 1212 [2012]; Matter of Truman v Fischer, 75 AD3d 1019, 1020 [2010]).
discussed Cited as authority (rule) Haughey v. Artus
N.Y. App. Div. · 2013 · confidence medium
Contradictory testimony offered by petitioner and the other inmate that petitioner took the papers by mistake created credibility issues for the Hearing Officer to resolve (see Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]; Matter of Connelly v Griffin, 101 AD3d 1211, 1212 [2012]).
discussed Cited as authority (rule) Haughey v. Artus
N.Y. App. Div. · 2013 · confidence medium
Contradictory testimony offered by petitioner and the other inmate that petitioner took the papers by mistake created credibility issues for the Hearing Officer to resolve (see Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]; Matter of Connelly v Griffin, 101 AD3d 1211, 1212 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Daniel Connelly
v.
Patrick Griffin, as Superintendent of Sullivan Correctional Facility
Appellate Division of the Supreme Court of the State of New York.
Dec 6, 2012.
101 A.D.3d 1211
Cited by 8 opinions  |  Published

[*1212] We confirm. At the disciplinary hearing, the recreation worker testified to the statements he overheard petitioner make in the gym and indicated that he thought such statements were directed at him and were threatening, particularly in view of his disagreement with petitioner the previous day. This testimony, together with the misbehavior report, provide substantial evidence supporting the determination of guilt (see Matter of Roncini v Goord, 18 AD3d 1086, 1087 [2005]; Matter of Jamison v Goord, 8 AD3d 860, 860 [2004]). The contrary testimony of petitioner and his inmate witnesses presented a credibility issue for the Hearing Officer to resolve (see Matter of Kalwasinski v Fischer, 87 AD3d 1207, 1208 [2011]; Matter of Watson v New York State Dept, of Correctional Servs., 82 AD3d 1435, 1435-1436 [2011]). Moreover, we reject petitioner’s claim that the disciplinary determination at issue is barred by the doctrine of res judicata. The prior disciplinary determination, which was the result of petitioner’s guilty plea, arose from the abusive and threatening statement that petitioner made to the recreation worker the previous day and was totally separate from the incident in the gym (see Matter of Calcaterra v Fischer, 73 AD3d 1370, 1371 [2010]; Matter ofMurdough v Goord, 37 AD3d 915, 916 [2007]). Consequently, it did not have any preclusive effect. We have considered petitioner’s remaining contentions and find them to be unpersuasive.

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