Appellate Division of the Supreme Court of New York, 2012

Hall v. Fischer

Appellate Division of the Supreme Court of New York · Decided December 13, 2012

101 A.D.3d 1309; 954 N.Y.2d 922

Cases that cite this one

1 later published case cites this decision.

Matter of Lacey v. Annucci (Appellate Division of the Supreme Court of New York 2016)

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

*1310We confirm. The Hearing Officer properly credited the testimony of the inmate who was threatened and the correction sergeant who investigated the incident, as well as confidential information derived from the investigation, all of which provided substantial evidence to support the determination of guilt (see Matter of Gomez v Fischer, 89 AD3d 1341, 1341 [2011]; Matter of Hines v Goord, 29 AD3d 1204, 1205 [2006]). Petitioner had no right to access the confidential information and, contrary to his assertion, that information was appropriately assessed by the Hearing Officer and found to be credible (see Matter of Williams v Fischer, 18 NY3d 888, 890 [2012]; Matter of Brooks v Fischer, 92 AD3d 987, 988 [2012]). Petitioner’s remaining claims, to the extent they are properly before us, have been considered and rejected.

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

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