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Maddox v. Fischer

Supreme Court, Appellate Division, Third Department, New York.
Apr 18, 2013
962 N.Y.S.2d 821 (N.Y. App. Div. 2013)

Opinion

2013-04-18

In the Matter of Bruce MADDOX, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Bruce Maddox, Coxsackie, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.



Bruce Maddox, Coxsackie, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Before: ROSE, J.P., LAHTINEN, McCARTHY and GARRY, JJ.

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 certain prison disciplinary rules.

After food was discovered hidden among cardboard that petitioner had removed from the commissary, he was charged in a misbehavior report with violating the prison disciplinary rules prohibiting smuggling, theft of state property, and the possession of both contraband and stolen property. Following a tier III disciplinary hearing, he was found guilty as charged. Petitioner's administrative appeal was unsuccessful, and this CPLR article 78 proceeding ensued.

To the extent that petitioner raised a substantial evidence question in his petition, he has abandoned that issue by failing to address it in his brief ( see Matter of Land v. Fischer, 100 A.D.3d 1170, 1170, 953 N.Y.S.2d 408 [2012] ).

Petitioner first argues that the Hearing Officer was unable to properly assess the credibility of a confidential informant, but the Hearing Officer personally interviewed the informant and was fully capable of doing so ( see Matter of Bonnemere v. Fischer, 100 A.D.3d 1174, 1175, 953 N.Y.S.2d 413 [2012] ). Next, legitimate considerations of institutional safety further justified the denial of his request to review various confidential evidence ( see Matter of Torres v. Goord, 261 A.D.2d 759, 759–760, 691 N.Y.S.2d 210 [1999] ). Petitioner's remaining contention is unpreserved for our review and, in any event, is without merit.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.




Summaries of

Maddox v. Fischer

Supreme Court, Appellate Division, Third Department, New York.
Apr 18, 2013
962 N.Y.S.2d 821 (N.Y. App. Div. 2013)
Case details for

Maddox v. Fischer

Case Details

Full title:In the Matter of Bruce MADDOX, Petitioner, v. Brian FISCHER, as…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Apr 18, 2013

Citations

962 N.Y.S.2d 821 (N.Y. App. Div. 2013)
105 A.D.3d 1230
2013 N.Y. Slip Op. 2624

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