Flanders v. Fischer
| Decision Date | 18 April 2013 |
| Citation | 105 A.D.3d 1238,962 N.Y.S.2d 827,2013 N.Y. Slip Op. 02632 |
| Parties | In the Matter of Harold FLANDERS, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Harold Flanders, Collins, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: MERCURE, J.P., ROSE, SPAIN and McCARTHY, JJ.
Proceeding pursuant to CPLR article 78 () to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Following an investigation into an alleged drug ring, petitioner was charged in a misbehavior report with smuggling and drug possession. He was found guilty as charged after a tier III disciplinary hearing, and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, testimony of the correction lieutenant who authored it, and confidential information provide substantial evidence to support the determination of guilt ( see Matter of Brown v. Fischer, 98 A.D.3d 778, 779, 949 N.Y.S.2d 803 [2012];Matter of Boyle v. Fischer, 89 A.D.3d 1268, 1268, 932 N.Y.S.2d 389 [2011] ). Contrary to petitioner's contention, the lieutenant's testimony regarding the confidential information and detailed nature of the information itself permitted the Hearing Officer to independently assess its reliability and credibility ( see Matter of Vassell v. Fischer, 48 A.D.3d 876, 876, 849 N.Y.S.2d 915 [2008];Matter of Sheppard v. Goord, 292 A.D.2d 694, 695, 741 N.Y.S.2d 128 [2002] ). Petitioner's remaining contentions, to the extent they are preserved for our review, have been examined and found to lack merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
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...the requisite independent assessment of the reliability of the confidential information provided (see Matter of Flanders v. Fischer, 105 A.D.3d 1238, 1239, 962 N.Y.S.2d 827 [2013] ; Matter of Sheppard v. Goord, 292 A.D.2d 694, 695, 741 N.Y.S.2d 128 [2002] ). Finally, we reject petitioner's ......
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Davila v. Prack
...information permitted the Hearing Officer to independently assess its reliability and credibility ( see Matter of Flanders v. Fischer, 105 A.D.3d 1238, 1239, 962 N.Y.S.2d 827 [2013]; Matter of Torres v. Fischer, 101 A.D.3d 1281, 1282, 955 N.Y.S.2d 450 [2012] ). ADJUDGED that the determinati......
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Welch v. Fischer
... ... Fischer, 106 A.D.3d 1299, 1299, 964 N.Y.S.2d 917 [2013]; Matter of Flanders v. Fischer, 105 A.D.3d 1238, 1239, 962 N.Y.S.2d 827 [2013] ). Contrary to petitioner's contention, the fact that he was never found to be in possession of marihuana or synthetic marihuana does not negate his guilt, as a violation of the rules occurred when petitioner conspired to bring these items ... ...
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Williams v. Fischer
...the investigating officer, permitted the Hearing Officer an ample basis to assess its reliability ( see Matter of Flanders v. Fischer, 105 A.D.3d 1238, 1239, 962 N.Y.S.2d 827 [2013];Matter of McCain v. Fischer, 104 A.D.3d 1009, 1010, 960 N.Y.S.2d 563 [2013] ). Finally, the record demonstrat......