Lewis v. Fischer

The misbehavior report, together with the testimony of the commissary clerk who authored it, provide substantial evidence supporting the determination of guilt (see Matter of White v Fischer, 87 AD3d 1249, 1250 [2011]; Matter of Brown v Taylor, 62 AD3d 1230, 1230 [2009]). To the extent that petitioner’s version of events differed from that set forth by the commissary clerk and raised a retaliation defense, such differences presented a credibility issue for the Hearing Officer to resolve (see Matter of White v Fischer, 87 AD3d at 1250; Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011];…