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MATTER OF RIVERA v. McGINNIS

290 A.D.2d 800 (2002)

735 N.Y.S.2d 899

In the Matter of JOSE RIVERA, Petitioner, v. MICHAEL McGINNIS, as Superintendent of Southport Correctional Facility, Respondent.

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

Decided January 17, 2002.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting lewd exposure after a facility nurse witnessed petitioner masturbating in his cell. Contrary to petitioner's contention, the misbehavior report, authored by the nurse who witnessed the incident, and petitioner's own admissions regarding his conduct constitute substantial evidence supporting the determination of guilt (see, Matter of Green v Goord, ...

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