Legal Opinion

Zaire v. Artus

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

Decided March 6, 2008PublishedCited by 3 opinions

1Opinion of the Court

*946Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of interference with an employee. Our review of the record reflects that the determination of guilt is supported by substantial evidence consisting of the misbehavior report as well as testimony adduced at the hearing (see Matter of Tafari v Selsky, 45 AD3d 1139, 1139 [2007]). Regarding petitioner’s contention that the misbehavior report was issued in retaliation for his filing of grievances, a credibility issue was created for resolution by the Hearing Officer (see Matter…

2Cases cited3 opinions

  1. Tafari v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  2. Burgess v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Lashley v. LindsayAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by3 opinions

  1. McFadden v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2009
  2. Odom v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
  3. Sweat v. FischerAppellate Division of the Supreme Court of the State of New York · 2008

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