McPherson v. Lee, 101 A.D.3d 1330 (N.Y. App. Div. 2012). · Go Syfert
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McPherson v. Lee, 101 A.D.3d 1330 (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: Sanchez v. Fischer (nyappdiv, 2013-05-23)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Sanchez v. Fischer
N.Y. App. Div. · 2013 · confidence medium
To the extent that petitioner asserts that the charges were in retaliation for a grievance filed against the author of the misbehavior report, this presented a credibility issue for the Hearing Officer to resolve (see Matter of McPherson v Lee, 101 AD3d 1330, 1331 [2012]).
discussed Cited as authority (rule) Fowler v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The misbehavior report and related documentation, together with the testimony of the correction officers familiar with the incident, provide substantial evidence supporting the determination of guilt (see Matter of McPherson v Lee, 101 AD3d 1330, 1331 [2012]; Matter of Moreno v Fischer, 100 AD3d 1167,1167 [2012]).
discussed Cited as authority (rule) Sanchez v. Fischer
N.Y. App. Div. · 2013 · confidence medium
To the extent that petitioner asserts that the charges were in retaliation for a grievance filed against the author of the misbehavior report, this presented a credibility issue for the Hearing Officer to resolve (see Matter of McPherson v Lee, 101 AD3d 1330, 1331 [2012]).
discussed Cited as authority (rule) Tuitt v. Martuscello
N.Y. App. Div. · 2013 · confidence medium
Likewise, petitioner’s assertion that the misbehavior report was written in retaliation for a published newspaper article that was critical of correction officers’ treatment of inmates also presented a credibility issue for the Hearing Officer to resolve (see Matter of McPherson v Lee, 101 AD3d 1330, 1331 [2012]; Matter of Crenshaw v Fischer, 87 AD3d 1189, 1190 [2011]).
discussed Cited as authority (rule) Tuitt v. Martuscello
N.Y. App. Div. · 2013 · confidence medium
Likewise, petitioner’s assertion that the misbehavior report was written in retaliation for a published newspaper article that was critical of correction officers’ treatment of inmates also presented a credibility issue for the Hearing Officer to resolve (see Matter of McPherson v Lee, 101 AD3d 1330, 1331 [2012]; Matter of Crenshaw v Fischer, 87 AD3d 1189, 1190 [2011]).
discussed Cited as authority (rule) Fowler v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The misbehavior report and related documentation, together with the testimony of the correction officers familiar with the incident, provide substantial evidence supporting the determination of guilt (see Matter of McPherson v Lee, 101 AD3d 1330, 1331 [2012]; Matter of Moreno v Fischer, 100 AD3d 1167,1167 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Brad McPherson
v.
William Lee, as Superintendent of Green Haven Correctional Facility
Appellate Division of the Supreme Court of the State of New York.
Dec 13, 2012.
101 A.D.3d 1330
Cited by 6 opinions  |  Published

[*1331] Contrary to petitioner’s claim, the matter was properly transferred to this Court, as the petition raises a question of substantial evidence (see CPLR 7804 [g]). Moreover, the detailed misbehavior report and related documentation, together with the testimony of the correction officers involved in the incident, provide substantial evidence supporting the determination (see Matter of Hemphill v Fischer, 94 AD3d 1309, 1309 [2012]; Matter of Terrence v Fischer, 64 AD3d 1110, 1111 [2009]). Petitioner’s claim of retaliation presented a credibility issue for the Hearing Officer to resolve (see Matter of Martin v Fischer, 98 AD3d 774, 774 [2012]; Matter of Wright v Fischer, 98 AD3d 759, 759 [2012]). Therefore, we find no reason to disturb the determination of guilt.

Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.