Bethune v. Fischer, 108 A.D.3d 966 (N.Y. App. Div. 2013). · Go Syfert
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Bethune v. Fischer, 108 A.D.3d 966 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Brown v. Venettozzi (nyappdiv, 2016-05-12)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Brown v. Venettozzi
N.Y. App. Div. · 2016 · confidence medium
We therefore annul that part of the determination but, inasmuch as the penalty has been served and no loss of good time was imposed, we need not remit the matter for a redetermination of that penalty (see Matter of Gomez v Cunningham, 137 AD3d 1432, 1433 [2016]). *1217 The detailed misbehavior report, hearing testimony and considerable confidential information reviewed by the Hearing Officer in camera provide substantial evidence supporting the determination of guilt with regard to the remaining charges (see Matter of Best v Larkin, 116 AD3d 1306, 1307 [2014]; Matter of Bethune v Fischer, 108 …
discussed Cited as authority (rule) MatterofGarciavGarner
N.Y. App. Div. · 2014 · confidence medium
To the extent that petitioner offered a version of events at odds with that advanced in the misbehavior report, this presented credibility issues for the Hearing Officer to resolve (see Matter of Bethune v Fischer, 108 AD3d 966, 967 [2013], lv denied 22 NY3d 855 [2013]).
discussed Cited as authority (rule) Garcia v. Garner
N.Y. App. Div. · 2014 · confidence medium
To the extent that petitioner offered a version of events at odds with that advanced in the misbehavior report, this presented credibility issues for the Hearing Officer to resolve (see Matter of Bethune v Fischer, 108 AD3d 966, 967 [2013], lv denied 22 NY3d 855 [2013]).
discussed Cited as authority (rule) Sagardia v. P. Chappius
N.Y. App. Div. · 2013 · confidence medium
Moreover, petitioner’s denial of the charge and identification of alleged inconsistencies in witness testimony presented a credibility issue for the Hearing Officer to resolve (see Matter of Bethune v Fischer, 108 AD3d 966, 967 [2013], lv denied 22 NY3d 855 [2013]).
discussed Cited as authority (rule) Sagardia v. P. Chappius
N.Y. App. Div. · 2013 · confidence medium
Moreover, petitioner’s denial of the charge and identification of alleged inconsistencies in witness testimony presented a credibility issue for the Hearing Officer to resolve (see Matter of Bethune v Fischer, 108 AD3d 966, 967 [2013], lv denied 22 NY3d 855 [2013]).
discussed Cited as authority (rule) Aguirre v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Petitioner’s denial that he owned the weapon and the claimed inconsistencies in the officers’ testimony raised credibility issues to be resolved by the Hearing Officer (see Matter of Bethune v Fischer, 108 AD3d 966, 967 [2013], lv denied 22 NY3d 855 [2013]; Matter of Glod v Fischer, 98 AD3d 1173, 1174 [2012]).
discussed Cited as authority (rule) Aguirre v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Petitioner’s denial that he owned the weapon and the claimed inconsistencies in the officers’ testimony raised credibility issues to be resolved by the Hearing Officer (see Matter of Bethune v Fischer, 108 AD3d 966, 967 [2013], lv denied 22 NY3d 855 [2013]; Matter of Glod v Fischer, 98 AD3d 1173, 1174 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Dwayne Bethune
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Jul 18, 2013.
108 A.D.3d 966
Cited by 7 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 charged in a misbehavior report with smuggling, possessing an altered authorized item and possession of an authorized item in an unauthorized area. According to the report, petitioner, while assigned to a “Lawns and Grounds crew,” used a hidden “altered radio and an altered cassette player to record bootleg tapes of music from the radio” onto cassette tapes which he then smuggled back into the facility. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. The determination was affirmed on administrative review and petitioner commenced this CPLR article 78 proceeding.

[*967] We confirm. Contrary to petitioner’s argument, “[t]he misbehavior report, hearing testimony and confidential information provide substantial evidence to support the determination of guilt” (Matter of Carrero v Fischer, 106 AD3d 1299, 1299 [2013]; see Matter of Jamison v State of N.Y. Dept. of Corr. Servs., 98 AD3d 1150, 1150 [2012]). Significantly, the hearsay confidential information was “sufficiently detailed for the Hearing Officer to make an independent assessment” as to its reliability (Matter of Debose v Selsky, 12 AD3d 1003, 1004 [2004]; see Matter of Brown v Fischer, 91 AD3d 1336, 1337 [2012]). As for petitioner’s denial of the charges and identification of claimed inconsistencies in the witness statements and testimony, these circumstances presented credibility issues for the Hearing Officer to resolve (see Matter of Jackson v Fischer, 98 AD3d 766, 767 [2012]; Matter of McFarlane v Fischer, 65 AD3d 769, 771 [2009]).

Petitioner’s numerous remaining claims of procedural error and due process violations have been reviewed and found to be without merit.

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