Wright v. Fischer
| Decision Date | 02 August 2012 |
| Parties | In the Matter of Born Allah WRIGHT, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
98 A.D.3d 759
949 N.Y.S.2d 819
2012 N.Y. Slip Op. 05852
In the Matter of Born Allah WRIGHT, Petitioner,
v.
Brian FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.
Supreme Court, Appellate Division, Third Department, New York.
Aug. 2, 2012.
Born Allah Wright, Attica, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
Before: MERCURE, J.P., LAHTINEN, MALONE JR., McCARTHY and EGAN JR., JJ.
[98 A.D.3d 759]Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Following his transfer to a different cell block, petitioner asked a correction officer about the shower schedule. After being informed that he would have to inquire with different staff members, petitioner became agitated and struck the officer in the chest. A physical altercation ensued. Petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct and creating a disturbance. 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 of the correction officer who was involved in the altercation, provide substantial evidence supporting the determination of guilt ( see Matter of Nelson v. Fischer, 93 A.D.3d 1059, 940 N.Y.S.2d 497 [2012];Matter of Bridgeforth v. Fischer, 78 A.D.3d 1401, 1401, 910 N.Y.S.2d 702 [2010] ). Petitioner's denial of the charges and claim that the misbehavior report was written in retaliation for a prior grievance presented a credibility issue for the Hearing Officer to resolve ( see Matter of White v. Fischer, 87 A.D.3d 1249, 1250, 930 N.Y.S.2d 306 [2011];Matter of Jackson v. Dubray, 56 A.D.3d 919, 867 N.Y.S.2d 750 [2008] ). Although the Hearing Officer should not have denied petitioner's request for the medical records of the officer injured in the assault absent a showing that it would jeopardize [98 A.D.3d 760]institutional security, any such error was harmless in light of the overwhelming evidence presented establishing petitioner's guilt ( see Matter of Jones v. Fischer, 69...
To continue reading
Request your trial
-
McCain v. Fischer
...1010]the informants as retaliation raised a credibility question to be resolved by the Hearing Officer ( see Matter of Wright v. Fischer, 98 A.D.3d 759, 759, 949 N.Y.S.2d 819 [2012];Matter of Martin v. Fischer, 98 A.D.3d 774, 774, 949 N.Y.S.2d 798 [2012] ). The Hearing Officer's questioning......
-
Possert v. Fischer
...1230, 1231, 882 N.Y.S.2d 321 [2009] ). Finally, we find no evidence of bias by the Hearing Officer ( see Matter of Wright v. Fischer, 98 A.D.3d 759, 760, 949 N.Y.S.2d 819 [2012];Matter of Suero v. Fischer, 95 A.D.3d 1509, 1510, 943 N.Y.S.2d 809 [2012] ). Petitioner's remaining contentions a......
-
Quezada v. Fischer
...v. Fischer, 106 A.D.3d 1344, 1345, 965 N.Y.S.2d 254 [2013], lv. denied21 N.Y.3d 865, 2013 WL 4838763 [2013]; Matter of Wright v. Fischer, 98 A.D.3d 759, 760, 949 N.Y.S.2d 819 [2012] ). To the extent that they are properly before us, we have considered petitioner's many remaining contentions......
-
Smith v. Rock
...from any alleged bias ( see Matter of Bunting v. Fischer, 98 A.D.3d 1154, 1154, 950 N.Y.S.2d 802 [2012];Matter of Wright v. Fischer, 98 A.D.3d 759, 760, 949 N.Y.S.2d 819 [2012] ). Petitioner's remaining claims have been examined and found to be without merit. ADJUDGED that the determination......