Gittens v. Fischer
Cases that cite this one
8 later published cases cite this decision.
- Gonzalez v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Gonzalez v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Gonzalez v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Matter of Hyatt v. Annucci (Appellate Division of the Supreme Court of New York 2016)
- Matter of Patterson v. Venettozzi (Appellate Division of the Supreme Court of New York 2016)
- Matter of Torres v. New York State Department of Corrections and Community Supervision (Appellate Division of the Supreme Court of New York 2015)
- Madison v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Madison v. Fischer (Appellate Division of the Supreme Court of New York 2013)
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
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner posted a cartoon on the wall of his prison cell that depicted a person making hand gestures believed to be gang-related. As a result, petitioner was charged in a misbehavior report with possessing gang-related material. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report and related documentation, together with the testimony of a correction officer experienced in identifying gang-related signals, provide substantial evidence supporting the determination of guilt (see Matter of Moore v Fischer, 76 AD3d 737, 737 [2010]; Matter of
Peters, PJ., Rose, Lahtinen, Malone Jr. and McCarthy, 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.