Burnett v. Fischer

106 A.D.3d 1304 (N.Y. App. Div. 2013) · Appellate Division of the Supreme Court of the State of New York, Third Department · May 16, 2013

Summary

The court reviewed a prison disciplinary determination finding the petitioner guilty of possessing contraband and a prison employee’s personal information. It held that the challenged document was properly considered despite the petitioner’s chain-of-custody claim and that the determination was supported by substantial evidence, confirming the determination and dismissing the petition.

Holdings

  1. The document was properly considered because it was secured in a locked office after the search, and petitioner presented no evidence substantiating her claim that it could have been tampered with while stored there.
  2. The document, misbehavior report, and hearing testimony provided substantial evidence supporting petitioner’s guilt, so the administrative determination was confirmed.

Questions Presented

  1. Whether the handwritten document was properly considered despite petitioner’s claimed chain-of-custody problems.
  2. Whether the misbehavior report, document, and hearing testimony constituted substantial evidence supporting the prison disciplinary determination.

Disposition

dismissed

Cases Cited (3)

  • Matter of Saif’Ul’Bait v. Goord, 15 A.D.3d 703, 705 (N.Y. App. Div. 2005)(followed)
  • Matter of Price v. Coughlin, 116 A.D.2d 898, 899 (N.Y. App. Div. 1986)(followed)
  • Matter of Austin v. Venettozzi, 97 A.D.3d 867, 867 (N.Y. App. Div. 2012)(followed)

Cited In (0)

No citing cases on record yet.

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