Williams v. Fischer, 102 A.D.3d 1044 (N.Y. App. Div. 2013). · Go Syfert
Williams v. Fischer, 102 A.D.3d 1044 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Palermo v. Fischer (nyappdiv, 2013-10-24)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Palermo v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The testimony of petitioner and his inmate witnesses that he was not engaged in gang activity raised a credibility question for the Hearing Officer to resolve (see Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]; Matter of Hayward v Fischer, 101 AD3d 1308, 1309 [2012]; Matter of Benston v Fischer, 67 AD3d 1139, 1139 [2009]).
discussed Cited as authority (rule) Flores v. Fischer
N.Y. App. Div. · 2013 · confidence medium
As for the remaining charges, the misbehavior report, documentary evi dence and hearing testimony provide substantial evidence supporting the determination of guilt (see Matter of Fowler v Fischer, 106 AD3d 1344, 1345 [2013], lv denied 21 NY3d 865 [2013]; Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]).
discussed Cited as authority (rule) Flores v. Fischer
N.Y. App. Div. · 2013 · confidence medium
As for the remaining charges, the misbehavior report, documentary evi dence and hearing testimony provide substantial evidence supporting the determination of guilt (see Matter of Fowler v Fischer, 106 AD3d 1344, 1345 [2013], lv denied 21 NY3d 865 [2013]; Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]).
discussed Cited as authority (rule) Palermo v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The testimony of petitioner and his inmate witnesses that he was not engaged in gang activity raised a credibility question for the Hearing Officer to resolve (see Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]; Matter of Hayward v Fischer, 101 AD3d 1308, 1309 [2012]; Matter of Benston v Fischer, 67 AD3d 1139, 1139 [2009]).
discussed Cited as authority (rule) Abrams v. Fischer
N.Y. App. Div. · 2013 · confidence medium
To the extent that petitioner challenges the evidence against him, the misbehavior report and the testimony of the three correction officers who heard petitioner’s statements constitute substantial evidence to support the determination of guilt (see Matter of Fowler v Fischer, 106 AD3d 1344, 1345 [2013], lv denied — NY3d —, 2013 NY Slip Op 84879 [2013]; Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]).
discussed Cited as authority (rule) Abrams v. Fischer
N.Y. App. Div. · 2013 · confidence medium
To the extent that petitioner challenges the evidence against him, the misbehavior report and the testimony of the three correction officers who heard petitioner’s statements constitute substantial evidence to support the determination of guilt (see Matter of Fowler v Fischer, 106 AD3d 1344, 1345 [2013], lv denied — NY3d —, 2013 NY Slip Op 84879 [2013]; Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]).
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]).
discussed Cited as authority (rule) Bermudez v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The contrary testimony of petitioner and his cellmate presented a credibility issue for the Hearing Officer to resolve (see Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]; Matter of Williams v Fischer, 92 AD3d 1053, 1054 [2012]).
discussed Cited as authority (rule) Bermudez v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The contrary testimony of petitioner and his cellmate presented a credibility issue for the Hearing Officer to resolve (see Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]; Matter of Williams v Fischer, 92 AD3d 1053, 1054 [2012]).
discussed Cited as authority (rule) Watt v. D. Venettozzi
N.Y. App. Div. · 2013 · confidence medium
The misbehavior report and related documentation, together with the testimony of correction officers involved in the incident, constitute substantial evidence supporting the determination that during a random pat frisk by a correction officer, petitioner berated the officer with a racial slur and attempted to kick him (see Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]; Matter of Moreno v Fischer, 100 AD3d 1167, 1167 [2012]).
discussed Cited as authority (rule) Watt v. D. Venettozzi
N.Y. App. Div. · 2013 · confidence medium
The misbehavior report and related documentation, together with the testimony of correction officers involved in the incident, constitute substantial evidence supporting the determination that during a random pat frisk by a correction officer, petitioner berated the officer with a racial slur and attempted to kick him (see Matter of Williams v Fischer, 102 AD3d 1044, 1044 [2013]; Matter of Moreno v Fischer, 100 AD3d 1167, 1167 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Tyrone Williams
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 1044
Cited by 14 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.

When correction officers approached petitioner’s cell to conduct a search, they observed petitioner grab an unknown object and flush it down the toilet. Petitioner was directed to exit his cell, but he refused. Instead, he turned toward the officers with a clenched fist, at which point they used force to avert an assault. As a result, petitioner was charged in a misbehavior report with attempting to assault staff, engaging in violent conduct, refusing a direct order and violating search and frisk procedures. Following a tier III disciplinary hearing, he was found guilty of all of the charges. The determination was later affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.

We confirm. The misbehavior report and related documentation, together with the testimony of the correction officers involved in the incident, provide substantial evidence supporting the determination of guilt (see Matter of Martin v Fischer, 98 AD3d 774, 774 [2012]; Matter of Wright v Fischer, 98 AD3d 759, 759 [2012]). To the extent that petitioner and his inmate witnesses gave contrary testimony, this presented a credibility issue for the Hearing Officer to resolve (see Matter of Carrasco v Fischer, 96 AD3d 1315, 1316 [2012]; Matter of Cruz v Fischer, 94 AD3d 1296, 1297 [2012]). We have considered petitioner’s remaining claims and find them either unpreserved for our review or lacking in merit.

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