At page 1043 Substantial evidence supporting determination of guilt8 citing cases
- Matter of Bouton v. Annucci, 145 A.D.3d 1219 (N.Y. App. Div. 3d Dep't 2016).publishedFurther, petitioner’s contention that the notations on the request for urinalysis form and the refrigerator log book, which recorded the time that the sample was placed in the refrigerator by the collecting officer, were not written in the…
- Matter of Wilkerson v. Annucci, 137 A.D.3d 1444 (N.Y. App. Div. 3d Dep't 2016).publishedThe misbehavior report, letter, petitioner’s handwriting samples and hearing testimony provide substantial evidence to support the determination of guilt (see Matter of Christian v Venettozzi, 114 AD3d 975, 975 [2014]; Matter of Logan v Fi…
- MatterofBrownvFischer, No. 518324 (N.Y. App. Div. 3d Dep't Sept. 25, 2014).publishedThe 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]; Matt…
- Brown v. Fischer, 120 A.D.3d 1517 (N.Y. App. Div. 3d Dep't 2014).published 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 Kalon…
- Credell v. Fischer, 120 A.D.3d 857 (N.Y. App. Div. 3d Dep't 2014).published The documentary evidence, including the two letters and petitioner’s handwriting samples, and the hearing testimony of the investigator provide substantial evidence supporting the determination of guilt (see Matter of Christian v Venettozz…
- MatterofCredellvFischer, No. 517675 (N.Y. App. Div. 3d Dep't Aug. 7, 2014).publishedThe documentary evidence, including the two letters and petitioner's handwriting samples, and the hearing testimony of the investigator provide substantial evidence supporting the determination of guilt (see Matter of Christian v Venetozzi…
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin 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 making false or misleading statements, impersonation, violating correspondence procedures, making a false alarm and harassment after an investigation revealed that he wrote a letter to the Inspector General’s office reporting a false threat against a correction officer using another inmate’s name and also submitted a grievance under that inmate’s name. Following a tier III disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed upon administrative appeal with a modified penalty, and this CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, confidential testimony, the hearing testimony of the investigator, copies of the letter and the grievance, and exemplars of petitioner’s handwriting provide substantial evidence supporting the determination of guilt (see Matter of Collins v Fischer, 89 AD3d 1355,1356 [2011], lv denied 19 NY3d 803 [2012]; Matter of Povataj v Bezio, 84 AD3d 1658, 1659 [2011], lv denied 17 NY3d 709 [2011]). Notably, as the trier of fact, the Hearing Officer was qualified to make an independent assessment of the handwriting samples (see Matter of Collins v Fischer, 89 AD3d at 1356; Matter of Davis v Fischer, 76 AD3d 1154, 1155 [2010]). Based upon our review of the record, the determination of guilt will not be disturbed.
Rose, J.E, Stein, Spain and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.