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MATTER OF GIBSON v. McGINNIS

261 A.D.2d 745 (1999)

691 N.Y.S.2d 586

In the Matter of DANA GIBSON, Appellant, v. MICHAEL P. McGINNIS, as Superintendent of Southport Correctional Facility, et al., Respondents.

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

Decided May 13, 1999.

Following a tier III disciplinary hearing at which petitioner pleaded guilty to creating a disturbance, petitioner was found guilty of three additional charges of violating various prison disciplinary rules. On administrative appeal, all charges, except that of creating a disturbance, were dismissed and the penalty was modified accordingly. Petitioner commenced this CPLR article 78 proceeding challenging the disciplinary determination...

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