Hardy v. Smith
Cases that cite this one
9 later published cases cite this decision.
- Matter of Lundy v. Annucci (Appellate Division of the Supreme Court of New York 2022)
- Matter of Radcliffe v. Annucci (Appellate Division of the Supreme Court of New York 2018)
- Matter of Jones v. Fischer (Appellate Division of the Supreme Court of New York 2016)
- MatterofWilsonvFischer (Appellate Division of the Supreme Court of New York 2014)
- Wilson v. Fischer (Appellate Division of the Supreme Court of New York 2014)
- Wilson v. Fischer (Appellate Division of the Supreme Court of New York 2014)
- Gaston v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Gaston v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Lopez v. Fischer (Appellate Division of the Supreme Court of New York 2012)
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 confirm. The misbehavior report, along with the testimony of the victim and the correction officer who authored the misbehavior report, provide substantial evidence to support the determination of guilt (see Matter of France v Bezio, 78 AD3d 1357, 1357 [2010]; Matter of McDaniels v Bezio, 76 AD3d 1129, 1129 [2010]). Petitioner’s protestations of innocence, his theory that he was being accused in retaliation and the testimony of his inmate witnesses presented questions of credibility to be resolved by the Hearing Officer (see Matter of Lovett v Smith, 80 AD3d 1039, 1040 [2011]; Matter of Perez v Fischer, 69 AD3d 1279, 1279-1280 [2010]). Turning to petitioner’s procedural contentions, even if the Hearing Officer erred in failing to disclose the victim’s medical records, such error was harmless in that they were not considered in making the determination (see Matter of Abdul-Khaliq v Goord, 34 AD3d 872, 872-873 [2006]; Matter of Huggins v Goord, 28 AD3d 891, 891-892 [2006]). Finally, our review of the record satisfies us that the disposition of guilt resulted from the evidence presented, rather than any alleged hearing officer bias (see Matter of Weems v Fischer, 82 AD3d 1454, 1456 [2011]; Matter of Mayo v Fischer, 82 AD3d 1421, 1422 [2011], lv denied 17 NY3d 702 [2011]).
Petitioner’s remaining contentions have been examined and found to be either unpreserved or without merit.
Mercure, J.P, Rose, Lahtinen, Stein and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.