Scott v. Fischer
Cases that cite this one
5 later published cases cite this decision.
- Fero v. Prack (Appellate Division of the Supreme Court of New York 2013)
- Fero v. Prack (Appellate Division of the Supreme Court of New York 2013)
- Lashway v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Lashway v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Barnes v. Prack (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We affirm. Initially, we find that the Hearing Officer did not err in taking confidential testimony regarding petitioner’s mental health, as that practice adheres to the accepted policy of the Office of Mental Hygiene (see Matter of Gibson v Fischer, 56 AD3d 916, 917 [2008]; Matter of Freeman v Fischer, 54 AD3d 1140, 1140 [2008]). Accordingly, we find that petitioner’s mental state was properly considered (see Matter of Pante v Goord, 73 AD3d 1394, 1395-1396 [2010]; Matter of Triplett v Fischer, 54 AD3d 1075, 1076 [2008]). Contrary to petitioner’s contention, the notation on the hearing disposition itself demonstrates that it was personally served upon him at the conclusion of the hearing. Finally, we find no evidence of hearing officer bias in the record, but rather that the determination was the result of the evidence produced at the hearing (see Matter of Hamilton v Bezio, 76 AD3d 1125, 1126 [2010]; Matter of Ortiz v Fischer, 75 AD3d 1042, 1043 [2010]).
Petitioner’s remaining contentions have been examined and determined to be either unpreserved or without merit.
Peters, J.P, Spain, Lahtinen, Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.