PEOPLE EX REL. McCALLISTER v. McGINNIS


251 A.D.2d 835 (1998)

673 N.Y.S.2d 946

The People of the State of New York ex rel. Charles McCallister, Appellant, v. Michael McGinnis, as Superintendent of Southport Correctional Facility, et al., Respondents

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

June 18, 1998


Petitioner, a State prison inmate, was found guilty of violating various disciplinary rules, resulting in his confinement to the special housing unit for a period of one year. Petitioner commenced this habeas corpus proceeding challenging his confinement after failing to receive a response to his administrative appeal. Supreme Court dismissed the petition and this appeal ensued.

Initially, we note that the habeas corpus proceeding is technically moot since petitioner...

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