Quezada v. Fischer
| Decision Date | 30 January 2014 |
| Parties | In the Matter of Jose QUEZADA, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Jose Quezada, Dannemora, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Before: PETERS, P.J., ROSE, STEIN and GARRY, JJ.
Proceeding pursuant to CPLR article 78 () to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
When a correction officer entered petitioner's cell to pack his personal belongings for a transfer, petitioner attacked the officer with a sharp object that was later determined to be a razor blade. Petitioner ignored the officer's directives to drop the weapon and the officer struggled to restrain petitioner until other officers arrived. The officer was taken to the medical clinic where he was treated for his injuries. As a result of this incident, petitioner was charged in a misbehavior report with assaulting staff, refusing a direct order, engaging in violent conduct, possessing a weapon and interfering with an employee. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report and related documentation, together with the testimony adduced at the hearing, provide substantial evidence supporting the determination of guilt ( see Matter of Moreno v. Fischer, 100 A.D.3d 1167, 1167, 954 N.Y.S.2d 239 [2012]; Matter of Somerville v. Fischer, 94 A.D.3d 1311, 1312, 942 N.Y.S.2d 386 [2012], lv. denied19 N.Y.3d 810, 2012 WL 3743869 [2012] ). Although petitioner maintained that the misbehavior report was prepared in retaliation for grievances and complaints he had filed against staff, that the correction officer who came to pack his cell inflicted the injuries to himself and that it was he who was assaulted by officers, this presented a credibility issue for the Hearing Officer to resolve ( see Matter of Walker v. Fischer, 108 A.D.3d 999, 1000, 969 N.Y.S.2d 256 [2013]; Matter of Hemphill v. Fischer, 94 A.D.3d 1309, 942 N.Y.S.2d 384 [2012] ). Contrary to petitioner's claim, the misbehavior report was sufficiently detailed to provide him with adequate notice of the charges to enable him to prepare a defense ( see Matter of Davis v. Fischer, 78 A.D.3d 1416, 910 N.Y.S.2d 599 [2010]; Matter of Arnold v. Fischer, 60 A.D.3d 1177, 1177, 875 N.Y.S.2d 318 [2009] ). Moreover, petitioner's assertion that h...
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Quezada v. Fischer
...judgment in Plaintiff's Article 78 proceeding challenging the hearing determination. (Dkt. No. 116-1 at 13-15.) See Quezada v. Fischer, 979 N.Y.S.2d 426 (3d Dep't 2014). Pursuant to the Full Faith and Credit Clause, "a federal court must give to a state-court judgment the same preclusive ef......
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Quezada v. Fischer
...Second Amended Complaint was filed on February 5, 2015 and is the operative complaint on the present motion. 4. Quezada v. Fischer, 113 A.D.3d 1004 (3d Dep't 2014). 5. See Ali v. Mukasey, 529 F.3d 478, 489 (2d Cir. 2008) ("[C]ollateral estoppel applies when: (1) the issues in both proceedin......
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...v. New York State Commr. of Corr. & Community Supervision, 114 A.D.3d 987, 987, 979 N.Y.S.2d 866 [2014];Matter of Quezada v. Fischer, 113 A.D.3d 1004, 1004, 979 N.Y.S.2d 426 [2014] ). However, neither the report nor any testimony indicated that petitioner interfered with an employee in any ......
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...him to prepare a defense ( see Matter of Adams v. Fischer, 116 A.D.3d 1269, 1270, 983 N.Y.S.2d 746 [2014]; Matter of Quezada v. Fischer, 113 A.D.3d 1004, 1004, 979 N.Y.S.2d 426 [2014] ). Further, the record demonstrates that any alleged defects in his prehearing assistance was remedied by t......