MATTER OF PORTER v. McGINNIS


307 A.D.2d 500 (2003)

761 N.Y.S.2d 884

In the Matter of LARRY PORTER, Petitioner, v. MICHAEL P. McGINNIS, as Superintendent of Southport Correctional Facility, Respondent.

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

Decided July 10, 2003.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting the loss of state property. According to the misbehavior report, a review of overdue books from the correctional facility library established that petitioner received a law library book and its pocket part and failed to return them. The misbehavior report, together with the hearing testimony and library distribution sheet, provide substantial evidence to support...

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