Thurmond v. Fischer, 112 A.D.3d 1234 (N.Y. App. Div. 2013). · Go Syfert
Thurmond v. Fischer, 112 A.D.3d 1234 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Williams v. Annucci (nyappdiv, 2016-06-23)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Williams v. Annucci
N.Y. App. Div. · 2016 · confidence medium
Further, the record confirms that the Hearing Officer made a sufficient inquiry after one of petitioner’s requested inmate witnesses refused to testify (see Matter of Rodriguez v Annucci, 136 AD3d 1083, 1084 [2016]; Matter of Thurmond v Fischer, 112 AD3d 1234, 1235 [2013]).
discussed Cited as authority (rule) Matter of Taylor v. Annucci
N.Y. App. Div. · 2016 · confidence medium
Petitioner further argues that he was improperly denied the right to call relevant inmate witnesses, but the record establishes that the requested witnesses executed refusal forms noting their reasons for not wanting to testify, after which the Hearing Officer personally interviewed the requested witnesses and verified that information (see Matter of Rodriguez v Annucci, 136 AD3d 1083, 1084 [2016]; Matter of Thurmond v Fischer, 112 AD3d 1234, 1235 [2013]).
discussed Cited as authority (rule) Rodriguez v. Annucci
N.Y. App. Div. · 2016 · confidence medium
Petitioner’s contention that he was improperly denied the right to call a witness is belied by the record, which establishes that, in addition to the requested witness executing a refusal form noting the reason for not wanting to testify, the Hearing Officer personally interviewed the requested witness and verified that information (see Matter of Thurmond v Fischer, 112 AD3d 1234, 1235 [2013]; Matter of Tafari v Fischer, 98 AD3d 763, 763 [2012] , lv denied 19 NY3d 816 [2012]).
discussed Cited as authority (rule) Rodriguez v. Annucci
N.Y. App. Div. · 2016 · confidence medium
Petitioner’s contention that he was improperly denied the right to call a witness is belied by the record, which establishes that, in addition to the requested witness executing a refusal form noting the reason for not wanting to testify, the Hearing Officer personally interviewed the requested witness and verified that information (see Matter of Thurmond v Fischer, 112 AD3d 1234, 1235 [2013]; Matter of Tafari v Fischer, 98 AD3d 763, 763 [2012] , lv denied 19 NY3d 816 [2012]).
discussed Cited as authority (rule) Moore v. County of Essex
N.Y. Sup. Ct. · 2015 · confidence medium
Briefly, inasmuch as petitioner contends in his reply memorandum of law that respondents breached their fiduciary duty by demonstrating collusion and favoritism and, further, that the Town is liable for tortious interference with the Contract of Sale, these contentions were not raised in the verified petition/complaint and are not properly before the court (see Matter of Garcia v Prack, 128 AD3d 1244 [2015]; Matter of Thurmond v Fischer, 112 AD3d 1234, 1235 [2013]).
cited Cited as authority (rule) Matter of Garcia v. Prack
N.Y. App. Div. · 2015 · confidence medium
The additional contentions raised by petitioner for the first time in his reply brief are not properly before this Court (see Matter of Thurmond v Fischer, 112 AD3d 1234, 1235 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Kevin Thurmond
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Dec 26, 2013.
112 A.D.3d 1234
Cited by 6 opinions  |  Published

Appeal from a judgment of the Supreme Court (Cahill, J.), entered May 22, 2012 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR[*1235] article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with engaging in lewd conduct and refusing a direct order in violation of prison disciplinary rules. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. Petitioner thereafter commenced this CPLR article 78 proceeding arguing that his right to call witnesses at the hearing was denied. Supreme Court dismissed the petition and petitioner now appeals.

We affirm. Contrary to petitioner’s argument, the record confirms that the Hearing Officer made a sufficient inquiry after petitioner’s three requested inmate witnesses refused to testify at the hearing. Significantly, the Hearing Officer personally interviewed each of the inmates who refused to testify and had them execute refusal forms documenting their reasons for not wanting to be involved. Under these circumstances, we conclude that petitioner’s right to call witnesses was not denied (see Matter of Tafari v Fischer, 98 AD3d 763, 763 [2012], lv denied 19 NY3d 816 [2012]; Matter of Suero v Fischer, 95 AD3d 1509, 1510 [2012]). Petitioner’s claim that Supreme Court improperly failed to find evidence of hearing officer bias is raised for the first time in his reply brief and is, therefore, not properly before us (see Matter of Land v Fischer, 100 AD3d 1170, 1170 [2012]; Matter of Tutunjian v Conroy, 55 AD3d 1128, 1130 n 2 [2008]). All remaining contentions advanced by petitioner have been examined and found to be unpersuasive.

Peters, EJ., Rose, Lahtinen and Egan Jr., JJ, concur. Ordered that the judgment is affirmed, without costs.