Appellate Division of the Supreme Court of New York, 2011

Applegate v. Heath

Appellate Division of the Supreme Court of New York · Decided October 4, 2011

88 A.D.3d 699; 930 N.Y.2d 882

Cases that cite this one

19 later published cases cite this decision.

La Puma v. Lee (Appellate Division of the Supreme Court of New York 2014)
La Puma v. Lee (Appellate Division of the Supreme Court of New York 2014)
Matter of Gift Shop & Flowers Inc. v. New York City Sheriff's Off. (New York Supreme Court, Kings County 2025)
Matter of Westside Grocery & Deli, LLC v. City of Syracuse (Appellate Division of the Supreme Court of New York 2022)
Matter of Blue v. Zucker (Appellate Division of the Supreme Court of New York 2021)
Matter of Fernandez v. Rodriguez (Appellate Division of the Supreme Court of New York 2020)
Phillips v. Lee (Appellate Division of the Supreme Court of New York 2014)
Phillips v. Lee (Appellate Division of the Supreme Court of New York 2014)
COOKHORNE, PAUL v. FISCHER, BRIAN (Appellate Division of the Supreme Court of New York 2013)
Colortone Camera, Inc. v. New York State Compensation Insurance Rating Board (Appellate Division of the Supreme Court of New York 2013)
Colortone Camera, Inc. v. New York State Compensation Insurance Rating Board (Appellate Division of the Supreme Court of New York 2013)
Cookhorne v. Fischer (Appellate Division of the Supreme Court of New York 2013)
Cookhorne v. Fischer (Appellate Division of the Supreme Court of New York 2013)
Watson v. New York State Department of Corrections & Community Supervision (Appellate Division of the Supreme Court of New York 2013)
Watson v. New York State Department of Corrections & Community Supervision (Appellate Division of the Supreme Court of New York 2013)
Nunez v. LaValley (Appellate Division of the Supreme Court of New York 2012)
Nunez v. LaValley (Appellate Division of the Supreme Court of New York 2012)
Foundation for Chapel of Sacred Mirrors, Ltd. v. Harkins (Appellate Division of the Supreme Court of New York 2012)
Foundation for Chapel of Sacred Mirrors, Ltd. v. Harkins (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

*700Contrary to the contention of the petitioner/plaintiff (hereinafter the petitioner), there was substantial evidence supporting the hearing officer’s determination that he was guilty of violating prison disciplinary rules (see Matter of Benson v Brown, 84 AD3d 794 [2011]; Matter of Watson v Fischer, 82 AD3d 780 [2011]; Matter of Mabry v Maddox, 57 AD3d 1000 [2008]). We find no basis to disturb the credibility determinations made by the hearing officer (see Matter of Benson v Brown, 84 AD3d 794 [2011]; Matter of Reyes v Leclaire, 49 AD3d 884 [2008]).

Additionally, the partial denial of the petitioner’s inmate grievance, asserting, inter alia, that his legal mail was improperly treated as general correspondence, was not arbitrary and capricious (see generally Matter of Davis v Fischer, 76 AD3d 1152 [2010]; Matter of Keesh v Smith, 59 AD3d 798 [2009]). The petitioner failed to demonstrate that the mailing bore the identity and official business return address of his attorney (see 7 NYCRR 721.2 [b] [1]).

Since the petition/complaint also requested a declaratory judgment, relief for which a transfer to this Court is not authorized pursuant to CPLR 7804 (g) (see Matter of Coleman v Town of Eastchester, 70 AD3d 940, 941 [2010]; Matter of Huntington Hills Assoc., LLC v Town of Huntington, 49 AD3d 647, 648 [2008]; Matter of Herman v Incorporated Vil. of Tivoli, 45 AD3d 767, 769 [2007]), the matter must be remitted to the Supreme Court, Westchester County, for further proceedings on the cause of action seeking such relief, and the entry of an appropriate judgment thereafter, inter alia, dismissing the proceeding. Skelos, J.E, Dickerson, Leventhal and Lott, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.