Appellate Division of the Supreme Court of New York, 2012

McPherson v. Lee

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

101 A.D.3d 1330; 956 N.Y.2d 263

Cases that cite this one

6 later published cases cite this decision.

Fowler v. Fischer (Appellate Division of the Supreme Court of New York 2013)
Fowler v. Fischer (Appellate Division of the Supreme Court of New York 2013)
Tuitt v. Martuscello (Appellate Division of the Supreme Court of New York 2013)
Tuitt v. Martuscello (Appellate Division of the Supreme Court of New York 2013)
Sanchez v. Fischer (Appellate Division of the Supreme Court of New York 2013)
Sanchez 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

*1331Contrary to petitioner’s claim, the matter was properly transferred to this Court, as the petition raises a question of substantial evidence (see CPLR 7804 [g]). Moreover, the detailed misbehavior report and related documentation, together with the testimony of the correction officers involved in the incident, provide substantial evidence supporting the determination (see Matter of Hemphill v Fischer, 94 AD3d 1309, 1309 [2012]; Matter of Terrence v Fischer, 64 AD3d 1110, 1111 [2009]). Petitioner’s claim of retaliation presented a credibility issue for the Hearing Officer to resolve (see Matter of Martin v Fischer, 98 AD3d 774, 774 [2012]; Matter of Wright v Fischer, 98 AD3d 759, 759 [2012]). Therefore, we find no reason to disturb the determination of guilt.

Rose, J.P., Lahtinen, Stein, McCarthy and Garry, 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.