Paddyfote v. Fischer
| Decision Date | 26 June 2014 |
| Citation | 987 N.Y.S.2d 719,2014 N.Y. Slip Op. 04833,118 A.D.3d 1240 |
| Parties | In the Matter of Kenneth PADDYFOTE III, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Kenneth Paddyfote III, Romulus, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
Before: PETERS, P.J., STEIN, McCARTHY, GARRY and LYNCH, JJ.
Proceeding pursuant to CPLR article 78 () to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of cannibinoids. He was found guilty of the charge following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, positive urinalysis test results and related documentation, together with the testimony presented at the hearing, provide substantial evidence supporting the determination of guilt ( see Matter of Sutton v. Prack, 107 A.D.3d 1250, 1250, 967 N.Y.S.2d 508 [2013];Matter of Coons v. Fischer, 106 A.D.3d 1302, 1303, 964 N.Y.S.2d 778 [2013] ). Contrary to petitioner's claim, the chain of custody of the sample was properly established through the information contained on the request for urinalysis form, as well as the testimony of the officers who collected and tested the sample ( see Matter of Cagle v. Fischer, 108 A.D.3d 913, 913, 968 N.Y.S.2d 415 [2013];Matter of Davis v. Fischer, 98 A.D.3d 1154, 1155, 950 N.Y.S.2d 803 [2012] ). Moreover, the record discloses that petitioner was provided with all of the required testing documentation ( see7 NYCRR 1020.4[f][1]; 1020.5[a][1] ) and that, consequently, a proper foundation was laid for the admission of the positive test results ( see Matter of Neil v. Fischer, 89 A.D.3d 1308, 1309, 932 N.Y.S.2d 740 [2011],lv. denied18 N.Y.3d 807, 2012 WL 490143 [2012];Matter of Johnson v. Fischer, 73 A.D.3d 1369, 1370, 900 N.Y.S.2d 695 [2010] ). Furthermore, we are not persuaded that petitioner was denied a fair and impartial hearing as there is no indication that the...
To continue reading
Request your trial
-
Alsaifullah v. Smith
... ... In re Alsaifullah v ... Fischer , 987 N.Y.S.2d 717, 718 (N.Y. App. Div. 2014). On February 13-19, 2013, Hearing Officer Joseph Wolczyk conducted a Tier III disciplinary hearing. 3 ... ...
-
Wade v. Annucci
...and that, consequently, a proper foundation was laid for the admission of the positive test results (see Matter of Paddyfote v. Fischer, 118 A.D.3d 1240, 1241, 987 N.Y.S.2d 719 [2014] ; Matter of Neil v. Fischer, 89 A.D.3d 1308, 1309, 932 N.Y.S.2d 740 [2011], lv. denied 18 N.Y.3d 807, 2012 ......
-
Allen v. Venettozzi
...suggest that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Paddyfote v. Fischer, 118 A.D.3d 1240, 1241, 987 N.Y.S.2d 719 [2014] ; Matter of Harding v. Prack, 118 A.D.3d 1231, 1232, 987 N.Y.S.2d 712 [2014] ). We have considered petitione......
-
Green v. Annucci
...in the handling of the sample (see Matter of Green v. Annucci, 134 A.D.3d at 1377, 21 N.Y.S.3d 646; Matter of Paddyfote v. Fischer, 118 A.D.3d 1240, 1241, 987 N.Y.S.2d 719 [2014] ). Moreover, although petitioner denied using drugs and maintained that he was being targeted by a correction of......