MATTER OF OSBORNE v. McGINNIS


243 A.D.2d 882 (1997)

663 N.Y.S.2d 321

In the Matter of Gerard Osborne, Petitioner, v. John McGinnis, as Superintendent of Downstate Correctional Facility, Respondent

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

October 16, 1997


Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting inmates from refusing to obey a direct order and intentionally exposing one's private body parts. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging that part of the determination that found him guilty of intentionally exposing his private body parts on the ground that it was not supported by substantial evidence....

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