MATTER OF McEACHIN v. McGINNIS


305 A.D.2d 816 (2003)

758 N.Y.S.2d 544

In the Matter of GUY McEACHIN, Appellant, 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 May 15, 2003.


Cardona, P.J.

Following a prison disciplinary hearing, petitioner was found guilty of refusing a direct order and a movement regulation violation. After an unsuccessful administrative appeal, petitioner alleged in a pro se petition to Supreme Court that he was denied due process of law in connection with the hearing. Supreme Court, sua sponte and without prejudice, dismissed the petition for failure to adequately state a cause of action.

Contrary to Supreme...

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