IN THE MATTER OF DEXTER v. McGINNIS


16 A.D.3d 793 (2005)

790 N.Y.S.2d 414

In the Matter of JOSEPH DEXTER, 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.

March 10, 2005.


Petitioner was charged in a misbehavior report with the unauthorized exchange of property after a correction officer discovered that a $25 money order had been sent to petitioner by another inmate's relative in payment for items such as soap and other things. He was found guilty of the charge following a tier II disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging it.

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