IN THE MATTER OF LOPEZ v. MCGINNIS


21 A.D.3d 606 (2005)

798 N.Y.S.2d 923

In the Matter of HECTOR LOPEZ, 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.

August 4, 2005.


Petitioner challenges a tier II disciplinary determination finding him guilty of violating the prison disciplinary rule prohibiting the damage, misuse or destruction of state property after a stain was discovered on petitioner's mattress during a random cell search. Inasmuch as the misbehavior report and the testimony of the correction officer who issued it provide substantial evidence of petitioner's guilt (see Matter of Mathieu v. Giambruno, 9 A...

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