Hyzer v. Fischer, 104 A.D.3d 983 (N.Y. App. Div. 2013). · Go Syfert
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Hyzer v. Fischer, 104 A.D.3d 983 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Booker v. Venettozzi (nyappdiv, 2020-01-23)
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Booker v. Venettozzi
N.Y. App. Div. · 2020 · confidence medium
Nothing in the record suggests that the failure to immediately refrigerate and/or freeze petitioner's urine sample resulted in a false positive ( see Matter of Hyzer v Fischer , 104 AD3d 983, 983 [2013]; Matter of Peterson v Goord , 268 AD2d 739, 739 [2000]), and, in view of the correction officer's testimony and the corresponding entries on the chain of custody form, the record supports the Hearing Officer's conclusion that petitioner's sample was "maintained in a secure location at all times" ( Matter of Odome v Goord , 8 AD3d 921, 922 [2004]; see Matter of Ellison v Goord , 274 AD2d 800, 80…
discussed Cited as authority (rule) Green v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Furthermore, upon reviewing the record, we find nothing to indicate that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Williams v Prack, 130 AD3d 1123, 1124 [2015]; Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited as authority (rule) Green v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Furthermore, upon reviewing the record, we find nothing to indicate that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Williams v Prack, 130 AD3d 1123, 1124 [2015]; Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited as authority (rule) Matter of Epps v. Prack
N.Y. App. Div. · 2015 · confidence medium
Substantial evidence, in the form of the misbehavior report, hearing testimony and positive urinalysis test results, supports the determination of guilt (see Matter of Bussey v Commissioner of Corr. & Community Supervision, 120 AD3d 1471 , 1472 [2014]; Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited as authority (rule) Creamer v. Venettozzi
N.Y. App. Div. · 2014 · confidence medium
Furthermore, contrary to petitioner’s argument, the record indicates that the specimen never left the officer’s possession, the chain of custody was properly maintained and the refrigeration requirements of 7 NYCRR 1020.4 (f) were not applicable (see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited as authority (rule) Creamer v. Venettozzi
N.Y. App. Div. · 2014 · confidence medium
Furthermore, contrary to petitioner’s argument, the record indicates that the specimen never left the officer’s possession, the chain of custody was properly maintained and the refrigeration requirements of 7 NYCRR 1020.4 (f) were not applicable (see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited as authority (rule) Mullamphy v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The misbehavior report, positive urinalysis test results and related documentation, together with the testimony of the correction officers who collected and tested petitioner’s urine specimen, provide substantial evidence supporting the determination of guilt (see Matter of Johnson v Fischer, 104 AD3d 1007, 1007 [2013]; Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited as authority (rule) Mullamphy v. Fischer
N.Y. App. Div. · 2013 · confidence medium
The misbehavior report, positive urinalysis test results and related documentation, together with the testimony of the correction officers who collected and tested petitioner’s urine specimen, provide substantial evidence supporting the determination of guilt (see Matter of Johnson v Fischer, 104 AD3d 1007, 1007 [2013]; Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited as authority (rule) Madden v. Griffin
N.Y. App. Div. · 2013 · confidence medium
Finally, our review of the record reveals no indication that the Hearing Officer was biased or that the determination flowed from any bias (see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]; Matter of Cicio v Fischer, 100 AD3d 1226, 1227 [2012]).
discussed Cited as authority (rule) Madden v. Griffin
N.Y. App. Div. · 2013 · confidence medium
Finally, our review of the record reveals no indication that the Hearing Officer was biased or that the determination flowed from any bias (see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]; Matter of Cicio v Fischer, 100 AD3d 1226, 1227 [2012]).
discussed Cited as authority (rule) Cagle v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Contrary to petitioner’s claim, the chain of custody of the sample was properly established through the information contained on the request for urinalysis form and the testimony of the officer who conducted the test (see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]; Matter of Coleman v Fischer, 81 AD3d 1018 [2011]).
discussed Cited as authority (rule) Cagle v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Contrary to petitioner’s claim, the chain of custody of the sample was properly established through the information contained on the request for urinalysis form and the testimony of the officer who conducted the test (see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]; Matter of Coleman v Fischer, 81 AD3d 1018 [2011]).
discussed Cited as authority (rule) Evans v. Fischer
N.Y. App. Div. · 2013 · confidence medium
In any event, “upon reviewing the record, we find no indication that the Hearing Officer was biased or that the determination flowed from any alleged bias” (Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited as authority (rule) Evans v. Fischer
N.Y. App. Div. · 2013 · confidence medium
In any event, “upon reviewing the record, we find no indication that the Hearing Officer was biased or that the determination flowed from any alleged bias” (Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited "see" Bussey v. Commissioner of Corrections & Community Supervision
N.Y. App. Div. · 2014 · signal: see · confidence high
The sample was further refrigerated as required, and the record demonstrates that the failure to freeze it as “recommended” did not increase the possibility of a false positive result (7 NYCRR 1020.4 [f] [1] [ii]; see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited "see" MatterofBusseyvCommissionerofCorrectionsandCommunitySupervision
N.Y. App. Div. · 2014 · signal: see · confidence high
The sample was further refrigerated as required, and the record demonstrates that the failure to freeze it as "recommended" did not increase the possibility of a false positive result (7 NYCRR 1020.4 [f] [1] [ii]; see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
discussed Cited "see" Bussey v. Commissioner of Corrections & Community Supervision
N.Y. App. Div. · 2014 · signal: see · confidence high
The sample was further refrigerated as required, and the record demonstrates that the failure to freeze it as “recommended” did not increase the possibility of a false positive result (7 NYCRR 1020.4 [f] [1] [ii]; see Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Scott Hyzer
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Mar 7, 2013.
104 A.D.3d 983
Cited by 17 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 a prison disciplinary rule.

After a sample of his urine twice tested positive for the presence of THC, petitioner was charged in a misbehavior report with using a controlled substance. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. Substantial evidence consisting of the misbehavior report, positive urinalysis test results and related documentation, as well as the testimony of the correction officials who authorized, collected and tested the sample, supports the determination of guilt (see Matter of Donahue v Fischer, 98 AD3d 784, 784 [2012]; Matter of Smith v Dubray, 58 AD3d 968, 968-969 [2009]). Contrary to petitioner’s claim, nothing in the test documentation indicates that the test results pertaining to other inmates were confused with petitioner’s results. Moreover, while petitioner takes issue with the fact that his sample was out of the refrigerator for an hour and a half between tests, nothing in the record leads us to conclude that this was a violation of Department of Corrections and Community Supervision Directive No. 4937 IV (G) (1) (as codified in 7 NYCRR 1020.4 [f] [1]) or that it compromised the accuracy of the test by causing a false positive result. Significantly, the chain of custody of the sample was properly established through the information contained on the request for urinalysis form and the testimony of the officer who tested the sample (see Matter of Davis v Fischer, 98 AD3d 1154, 1155 [2012]; Matter of Moss v Prack, 87 AD3d 1255, 1256 [2011]). Furthermore, upon reviewing the record, we find no indication that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Henderson v Fischer, 98 AD3d 1162, 1163 [2012]; Matter of Bornstorff v Bezio, 73 AD3d 1397, 1398 [2010]). We have considered petitioner’s remaining contentions and find them to be either unpreserved for our review or lacking in merit.

Peters, PJ., Stein, Spain and Egan Jr., JJ, concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.