Genyard v. Annucci
Cases that cite this one
16 later published cases cite this decision.
- Matter of Scott v. Annucci (Appellate Division of the Supreme Court of New York 2018)
- Matter of Snyder v. Annucci (Appellate Division of the Supreme Court of New York 2020)
- Matter of Cosme v. New York State Dept. of Corr. & Community Supervision (Appellate Division of the Supreme Court of New York 2019)
- Matter of Woodward v. Annucci (Appellate Division of the Supreme Court of New York 2019)
- Matter of McClain v. Venettozzi (Appellate Division of the Supreme Court of New York 2017)
- Matter of Green v. Chappius (Appellate Division of the Supreme Court of New York 2017)
- Matter of Williams v. Venettozzi (Appellate Division of the Supreme Court of New York 2017)
- Matter of Canzater-Smith v. Venettozzi (Appellate Division of the Supreme Court of New York 2017)
- Matter of Washington v. Lee (Appellate Division of the Supreme Court of New York 2017)
- Marshall v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Marshall v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Marshall v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Matter of Thousand v. Prack (Appellate Division of the Supreme Court of New York 2016)
- Matter of Jones v. Fischer (Appellate Division of the Supreme Court of New York 2016)
- Matter of Medina v. Annucci (Appellate Division of the Supreme Court of New York 2016)
- Matter of Girard 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
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner struck a correction officer while being escorted to the medication window, refused several direct orders to stop resisting and was eventually subdued when other officers arrived and he was placed in mechanical restraints. As a result of this incident, petitioner was charged in a misbehavior report with assaulting staff, refusing a direct order, engaging in violent conduct and creating a disturbance. He was found guilty of the charges following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, related documentation and hearing testimony provide substantial evidence supporting the determination of guilt (see Matter of Wilson v Annucci, 129 AD3d 1422, 1422 [2015]; Matter of Moreno v Fischer, 100 AD3d 1167, 1167 [2012]). Petitioner maintained that he was assaulted and that the misbehavior report was written in retaliation for prior grievances that he had filed, but his testimony and that of his inmate witnesses presented a credibility issue for the Hearing Officer to resolve (see Matter of Quezada v Fischer, 113 AD3d 1004, 1004 [2014]; Matter of Walker v Fischer, 108 AD3d 999, 1000 [2013]). The record further discloses that petitioner’s employee assistant provided meaningful assistance, and petitioner has not demonstrated that he was prejudiced by his assistant’s alleged deficiencies (see Matter of Shoga v Annucci, 132 AD3d 1027, 1028 [2015]; Matter of Colon v Goord, 11 AD3d 839, 840 [2004]). Likewise, we do not find that petitioner was improperly denied the right to call a physi
Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.