MATTER OF SMYTHE v. McCLELLAN


226 A.D.2d 840 (1996)

641 N.Y.S.2d 144

In the Matter of Francis Smythe, Petitioner, v. R. J. McClellan, as Superintendent of Southport Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 11, 1996


Crew III, J.

Petitioner, an inmate at Southport Correctional Facility in Chemung County, was served with a misbehavior report charging him with violating prison rules prohibiting lying or providing misleading information, stealing, interfering with facility employees, possessing contraband and engaging in conduct that disturbs the order of the facility. The charges stemmed from an incident occurring in July...

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