MATTER OF HOLMES v. McGINNIS


257 A.D.2d 911 (1999)

684 N.Y.S.2d 665

In the Matter of BRANDON HOLMES, 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.

Decided January 21, 1999.


Petitioner, a prison inmate, was found guilty of assault on staff and two charges of destruction of property in violation of various prison disciplinary rules. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the administrative determination on the ground that he was denied employee assistance and the right to present a defense. Supreme Court dismissed the petition, prompting this appeal.

We affirm....

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