MATTER OF BURT v. McGINNIS


249 A.D.2d 650 (1998)

671 N.Y.S.2d 182

In the Matter of Lazaro Burt, Petitioner, 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.

April 9, 1998


While an inmate at Southport Correctional Facility in Chemung County, petitioner was found guilty of assaulting an inmate, engaging in an unhygienic act and damaging State property in violation of certain prison disciplinary rules. Although not raised on his administrative appeal, petitioner contends that the determination of his guilt is not supported by substantial evidence. We disagree. The charges in the misbehavior report stemmed from an incident wherein feces were thrown...

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