From Casetext: Smarter Legal Research

Ponder v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 2008
56 A.D.3d 1094 (N.Y. App. Div. 2008)

Opinion

No. 504720.

November 26, 2008.

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 the Superintendent of Lakeview Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Joseph Ponder, Alden, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.

Before: Mercure, J.P., Peters, Rose, Malone Jr. and Kavanagh, JJ.


Petitioner, a prison inmate, was charged in a misbehavior report with violating facility correspondence rules. It was alleged that petitioner sent letters to an outside address, where the letters were then repackaged and forwarded to inmates at a different correctional facility. Following a tier II disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. The hearing testimony, offending letters and exemplars of petitioner's handwriting, along with the reasonable inferences to be drawn therefrom, provide substantial evidence to support the determination of guilt ( see Matter of Hannah v Burge, 43 AD3d 1234, 1234). Contrary to petitioner's assertion, the Hearing Officer was qualified to make a comparison of the handwriting samples without the need for expert testimony on the subject ( see Matter of Surdis v Walsh, 295 AD2d 735, 736). Petitioner's remaining contentions have been examined and found to be unavailing. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Ponder v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 2008
56 A.D.3d 1094 (N.Y. App. Div. 2008)
Case details for

Ponder v. Fischer

Case Details

Full title:IN THE MATTER OF JOSEPH PONDER, Petitioner, v. BRIAN FISCHER, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 26, 2008

Citations

56 A.D.3d 1094 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9324
867 N.Y.S.2d 363

Citing Cases

Wilkerson v. Annucci

Turning to petitioner's procedural issues, his request for witnesses to support his claim of retaliation was…

Stone v. LaManna

Here, the testimony and other evidence adduced at the disciplinary hearing, which included the disputed…