Reddish v. Fischer

107 A.D.3d 1265 (N.Y. App. Div. 2013) · Supreme Court of the State of New York, Appellate Division, Third Department · June 20, 2013

Summary

The court reviewed a prison disciplinary determination under CPLR article 78, finding petitioner guilty of possessing grievance documentation belonging to other inmates and distributing departmental documentation without authorization. It held that the misbehavior report, related documentation, and petitioner’s admissions provided substantial evidence supporting the determination and dismissed the proceeding.

Holdings

  1. The determination finding petitioner guilty of possessing grievance documentation pertaining to other inmates and distributing departmental documentation without authorization was supported by substantial evidence.
  2. Petitioner's claim that he merely assisted other inmates and lacked an intent to deceive presented a credibility issue for the Hearing Officer, and did not warrant disturbing the determination.

Questions Presented

  1. Whether substantial evidence supported the determination that petitioner possessed grievance documentation pertaining to other inmates and distributed departmental documentation without authorization.
  2. Whether petitioner's claim that he was merely assisting other inmates and did not intend to deceive anyone required reversal of the determination.

Disposition

dismissed

Cases Cited (4)

  • Matter of Peoples v Bezio, 94 A.D.3d 1299, 1300 (2012)(followed)
  • Matter of Fuentes v Fischer, 89 A.D.3d 1339, 1339 (2011)(followed)
  • Matter of McMoore v Bezio, 63 A.D.3d 1463, 1464 (2009), lv denied, 13 N.Y.3d 707 (2009)(followed)
  • Matter of Reynoso v Fischer, 55 A.D.3d 1201 (2008), appeal dismissed, 11 N.Y.3d 916 (2009)(followed)

Cited In (0)

No citing cases on record yet.

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