Legal Opinion

Applegate v. Heath

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 2011PublishedCited by 18 opinions

1Opinion of the Court

*700Contrary to the contention of the petitioner/plaintiff (hereinafter the petitioner), there was substantial evidence supporting the hearing officer’s determination that he was guilty of violating prison disciplinary rules (see Matter of Benson v Brown, 84 AD3d 794 [2011]; Matter of Watson v Fischer, 82 AD3d 780 [2011]; Matter of Mabry v Maddox, 57 AD3d 1000 [2008]). We find no basis to disturb the credibility determinations made by the hearing officer (see Matter of Benson v Brown, 84 AD3d 794 [2011]; Matter of Reyes v Leclaire, 49 AD3d 884 [2008]).

Additionally, the partial denial of the…

2Cases cited8 opinions

  1. Reyes v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
  2. Huntington Hills Associates, LLC v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2008
  3. Herman v. Incorporated Village of TivoliAppellate Division of the Supreme Court of the State of New York · 2007
  4. Tyheem Yefya Keesh v. SmithAppellate Division of the Supreme Court of the State of New York · 2009
  5. Coleman v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by18 opinions

  1. Phillips v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
  2. Foundation for Chapel of Sacred Mirrors, Ltd. v. HarkinsAppellate Division of the Supreme Court of the State of New York · 2012
  3. Cookhorne v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Blue v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Fernandez v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2020

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