MATTER OF BURGESS v. McGINNIS


288 A.D.2d 734 (2001)

732 N.Y.S.2d 742

In the Matter of HERBERT BURGESS, 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.

Decided November 21, 2001.


Petitioner was found guilty of violating the prison disciplinary rule which prohibits inmates from making false statements. The evidence presented at petitioner's disciplinary hearing included the misbehavior report which related that petitioner had written a letter of complaint to respondent Superintendent of Southport Correctional Facility, reporting that an inmate in a neighboring cell was cooking food. When the reporting correction officer investigated petitioner's complaint...

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