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IN THE MATTER OF PORTER v. McGINNIS

20 A.D.3d 641 (2005)

798 N.Y.S.2d 540

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

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

July 7, 2005.

When a female correction counselor arrived at petitioner's cell to provide assistance with a disciplinary matter, he was dressed in only underwear and refused to put on a pair of state issued green pants. As a result, he was charged in a misbehavior report with refusing a direct order and interfering with an employee. He was found guilty of both charges following a tier II disciplinary hearing and the determination was affirmed upon administrative appeal. This CPLR article...

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