Legal Opinion
Garcia v. Bertone
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2012PublishedCited by 10 opinions
1Opinion of the Court
*1218We confirm. The misbehavior report, together with the testimony of its author, provide substantial evidence supporting the determination of guilt (see Matter of McLaughlin v Fischer, 69 AD3d 1071, 1072 [2010]; Matter of Gaines v Fischer, 67 AD3d 1080, 1081 [2009]). While petitioner stated that he did not hear the correction officer’s initial order due to his hearing impairment and that he acted in self-defense, his testimony presented a credibility issue for the Hearing Officer to resolve (see Matter of Barclay v Zolkosky, 78 AD3d 1343, 1344 [2010]). Petitioner’s remaining contentions have…
2Cases cited3 opinions
- McLaughlin v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Gaines v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Barclay v. ZolkoskyAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by10 opinions
- Blocker v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Lamage v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Fernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Harris v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
- Morrison v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
5 more not listed; retrieve them via the Exa API.