Legal Opinion
Burgos v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2011PublishedCited by 3 opinions
1Opinion of the Court
*1404We confirm. The detailed misbehavior report, supporting documentation and hearing testimony, including the testimony of the counselor who authored the misbehavior report and petitioner’s own admissions, provide substantial evidence to support the determination of guilt (see Matter of Barnes v Bezio, 86 AD3d 884, 884 [2011]; Matter of Cognata v Fischer, 85 AD3d 1456, 1457 [2011]). Petitioner’s denial of the actions alleged and his theory that the misbehavior report was issued in retaliation for his having lodged a complaint against the counselor presented credibility issues to be resolved by…
2Cases cited9 opinions
- Miller v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Quezada v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Cody v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Cognata v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Barnes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Amaker v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
- James v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
- Amaker v. BezioAppellate Division of the Supreme Court of the State of New York · 2012