Scott v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
We confirm. The misbehavior report and related documentary evidence, together with the testimony of the correction officer who wrote the report and petitioner’s own admission to writing the letters, provide substantial evidence supporting the determination of guilt (see Matter of Cornwall v Fischer, 73 AD3d *10011367, 1368 [2010]; Matter of Pertillar v Fischer, 64 AD3d 1029, 1030 [2009]). We find no merit to petitioner’s claim that the misbehavior report was not written in a timely manner inasmuch as it was prepared as the result of a lengthy investigation, which entailed a 60-day mail watch,…
2Cases cited6 opinions
- Barnes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Norris v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Pertillar v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Cornwall v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Decastro v. PrackAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by11 opinions
- Matter of Legeros v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Gonzalez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Sutton v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
- Tinker v. BezioAppellate Division of the Supreme Court of the State of New York · 2013
- Caldarola v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
6 more not listed; retrieve them via the Exa API.