Appellate Division of the Supreme Court of New York, 2011

Davis v. Prack

Appellate Division of the Supreme Court of New York · Decided December 29, 2011

90 A.D.3d 1447; 934 N.Y.2d 879

Cases that cite this one

7 later published cases cite this decision.

Matter of Medina v. Annucci (Appellate Division of the Supreme Court of New York 2016)
Cox v. Fischer (Appellate Division of the Supreme Court of New York 2014)
Cox v. Fischer (Appellate Division of the Supreme Court of New York 2014)
Hinton v. Rock (Appellate Division of the Supreme Court of New York 2013)
Hinton v. Rock (Appellate Division of the Supreme Court of New York 2013)
Sealey v. Bezio (Appellate Division of the Supreme Court of New York 2012)
Sealey v. Bezio (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

*1448We confirm. Substantial evidence, consisting of the first misbehavior report and the testimony of the correction officer who authored it, supports the determination finding petitioner guilty of assaulting an inmate, fighting and engaging in violent conduct (see Matter of McLaughlin v Fischer, 69 AD3d 1071, 1072 [2010]; Matter of Gaines v Fischer, 67 AD3d 1080, 1081 [2009]). Petitioner’s contrary testimony presented a credibility issue for the Hearing Officer to resolve (see Matter of Britt v Fischer, 54 AD3d 1087 [2008]; Matter of Abdullah v Goord, 36 AD3d 978, 979 [2007]). Moreover, we find no merit to petitioner’s claim that he was improperly denied a videotape of the incident given that the record established that no such videotape existed (see Matter of Bridgeforth v Fischer, 78 AD3d 1401, 1401-1402 [2010]; Matter of Barclay v Zolkosky, 78 AD3d 1343, 1344 [2010]). We have considered petitioner’s remaining claims and find them to be either unpreserved for our review or lacking in merit.

Mercure, A.P.J., Spain, Malone Jr., Stein and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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