Lashway v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
We affirm. To the extent that petitioner challenges the evidentiary basis for the determination, the misbehavior report, the hearing testimony of both the officer involved in the incident and petitioner’s inmate witness and the supporting documentation provide substantial evidence of guilt (see Matter of Argentieri v Fischer, 87 AD3d 1242, 1242 [2011]; Matter of Barnes v Prack, 87 AD3d 1216, 1216 [2011]). Petitioner’s contentions that he was, instead, assaulted by correction officers and that the misbehavior report was in retaliation for griev*1240anees he had submitted raised credibility…
2Cases cited7 opinions
- Hill v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
- White 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
- Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Polite v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by8 opinions
- Matter of Canzater-Smith v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Young v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
- Canty v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Nance v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Girard v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
3 more not listed; retrieve them via the Exa API.