Kalonji v. Fischer, 102 A.D.3d 1041 (N.Y. App. Div. 2013). · Go Syfert
Kalonji v. Fischer, 102 A.D.3d 1041 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Hernandez v. State (nyclaimsct, 2015-01-22)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Hernandez v. State
nyclaimsct · 2015 · confidence medium
Nor has defendant offered any evidence from the initial hearing or otherwise that claimant posed a continuing “immediate” threat to the order of the facility (compare Matter of Kalonji v Fischer, 102 AD3d 1041, 1042 [3d Dept 2013] [pre-hearing keeplock status “was based upon a concern for the safety and security” of two individuals who worked at the CF]).
discussed Cited as authority (rule) LaMountain v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The misbehavior report, along with the testimony of the correction officer who authored the report and the photograph of the bottle, provide substantial evidence to support the determination (see Matter of Byrd v Fischer, 117 AD3d 1263, 1263 [2014]; Matter of Kalonji v Fischer, 102 AD3d 1041, 1042 [2013]).
discussed Cited as authority (rule) Brown v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The misbehavior report, supporting documents and hearing testimony provide substantial evidence to support the determination of guilt (see Matter of Logan v Fischer, 109 AD3d 1043, 1043 [2013], lv denied 22 NY3d 856 [2013]; Matter of Kalonji v Fischer, 102 AD3d 1041, 1042 [2013]).
discussed Cited as authority (rule) MatterofBrownvFischer
N.Y. App. Div. · 2014 · confidence medium
The misbehavior report, supporting documents and -2- 518324 hearing testimony provide substantial evidence to support the determination of guilt (see Matter of Logan v Fischer, 109 AD3d 1043, 1043 [2013], lv denied 22 NY3d 856 [2013]; Matter of Kalonji v Fischer, 102 AD3d 1041, 1042 [2013]).
discussed Cited as authority (rule) LaMountain v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The misbehavior report, along with the testimony of the correction officer who authored the report and the photograph of the bottle, provide substantial evidence to support the determination (see Matter of Byrd v Fischer, 117 AD3d 1263, 1263 [2014]; Matter of Kalonji v Fischer, 102 AD3d 1041, 1042 [2013]).
discussed Cited as authority (rule) Brown v. Fischer
N.Y. App. Div. · 2014 · confidence medium
The misbehavior report, supporting documents and hearing testimony provide substantial evidence to support the determination of guilt (see Matter of Logan v Fischer, 109 AD3d 1043, 1043 [2013], lv denied 22 NY3d 856 [2013]; Matter of Kalonji v Fischer, 102 AD3d 1041, 1042 [2013]).
discussed Cited "see" Matter of Caldara v. Annucci
N.Y. App. Div. · 2018 · signal: see · confidence high
We reject that contention inasmuch as petitioner's bomb threat letter posed an immediate threat to the safety and security of the prison ( see 7 NYCRR 251-1.6 [a]; see generally Matter of Kalonji v Fischer , 102 AD3d 1041 , 1042 [3d Dept 2013]).
Retrieving the full opinion text from the archive…
In the Matter of Abbas Kalonji
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Jan 24, 2013.
102 A.D.3d 1041
Cited by 6 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was placed on keeplock status pending an investigation into a writing he transmitted to a professor working in the facility. At the conclusion of the investigation, petitioner was charged in a misbehavior report with violating prison disciplinary rules concerning facility correspondence procedures, harassment of employees and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of violating facility correspondence procedures and harassment of an employee. Upon administrative appeal, respondent modified the determination by reducing the penalty[*1042] imposed and otherwise affirmed. Petitioner then commenced this CPLR article 78 proceeding.

The misbehavior report, the testimony of the authoring correction officer and petitioner’s admissions that he composed the writings in question and transmitted them to the professor provide substantial evidence supporting the determination of guilt (see Matter of Messiah v New York State Dept. of Correctional Servs., 52 AD3d 1133, 1133 [2008]; Matter of Greci v Selsky, 8 AD3d 725, 725 [2004]). Petitioner’s testimony that he inadvertently sent one of the writings to the professor presented a credibility issue for the Hearing Officer to resolve (see Matter of Burgess v Goord, 294 AD2d 746, 746 [2002]). We also disagree with petitioner’s contention that he was improperly placed on keeplock status during the investigation period. Petitioner’s confinement was based upon a concern for the safety and security of the professor and her husband, who also worked in the facility (see Matter of Pettus v West, 28 AD3d 907, 908 [2006]). Petitioner’s remaining contentions are either unpreserved or have been considered and found to be without merit.

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