Sanchez v. Fischer, 106 A.D.3d 1361 (N.Y. App. Div. 2013). · Go Syfert
Sanchez v. Fischer, 106 A.D.3d 1361 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Matter of Piletas v. Venettozzi (nyappdiv, 2017-06-22)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Piletas v. Venettozzi
N.Y. App. Div. · 2017 · confidence medium
As for that part of the determination finding petitioner guilty of these charges, we conclude that it is supported by substantial evidence consisting of the misbehavior report, related documentation, admissions made by petitioner during the hearing and the testimony of the facility nurse (see Matter of Sanchez v Fischer, 106 AD3d 1361, 1361 [2013]; Matter of Lopez v Fischer, 91 AD3d 1223 , 1224 *1446 [2012]). * As annulment of a portion of the determination is warranted and given that a loss of good time was imposed, the matter must be remitted to the Commissioner of Corrections and Community …
discussed Cited as authority (rule) Abrams v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Petitioner’s contention that the charges were fabricated in retaliation for grievances he had filed against the officers raised a credibility issue to be resolved by the Hearing Officer (see Matter of Sanchez v Fischer, 106 AD3d 1361, 1361 [2013]; Matter of Tuitt v Martuscello, 106 AD3d 1355, 1356 [2013], lv denied 21 NY3d 865 [2013]).
discussed Cited as authority (rule) Abrams v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Petitioner’s contention that the charges were fabricated in retaliation for grievances he had filed against the officers raised a credibility issue to be resolved by the Hearing Officer (see Matter of Sanchez v Fischer, 106 AD3d 1361, 1361 [2013]; Matter of Tuitt v Martuscello, 106 AD3d 1355, 1356 [2013], lv denied 21 NY3d 865 [2013]).
discussed Cited "see" Matter of Favreau v. Venettozzi
N.Y. App. Div. · 2019 · signal: see · confidence high
"Moreover, the reasonable inferences to be drawn from that evidence support the smuggling charge" ( Matter of Ortiz v Venettozzi , 158 AD3d at 865 [citation omitted]; see Matter of Sanchez v Fischer , 106 AD3d 1361, 1361 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Lamar Sanchez
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
May 23, 2013.
106 A.D.3d 1361
Cited by 4 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 the Superintendent of Sullivan Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Following an investigation into petitioner’s possession of a watch with a chronograph function, petitioner was charged in a misbehavior report with lying, possession of an unauthorized valuable, possession of unauthorized jewelry, possessing a prohibited article, smuggling and unauthorized exchange. He was found guilty as charged following a disciplinary hearing. After an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding.

Contrary to petitioner’s contention, the misbehavior report, testimony at the hearing, documentary evidence, petitioner’s admission that the watch was his and the reasonable inferences to be drawn therefrom provide substantial evidence to support the determination of guilt (see People ex rel. Vega v Smith, 66 NY2d 130, 139 [1985]; Matter of Vourderis v Bezio, 78 AD3d 1359, 1359 [2010]; Matter of Haden v Selsky, 57 AD3d 1056, 1057 [2008]). 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]).

Petitioner’s remaining contentions, including his claim that he was denied documentary evidence, are unpreserved for this Court’s review.

Peters, P.J., Stein, McCarthy and Egan Jr., JJ., concur.[*1362] Adjudged that the determination is confirmed, without costs, and petition dismissed.