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IN THE MATTER OF LEBRON v. McGINNIS

26 A.D.3d 658 (2006)

810 N.Y.S.2d 526

In the Matter of ELVIN LEBRON, 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.

February 16, 2006.

LAHTINEN, J.

Petitioner, an inmate, was charged in a misbehavior report with solicitation, smuggling, impersonation and a facility correspondence violation after he used another inmate's identity to seek unauthorized library services. Following a tier III disciplinary hearing, petitioner was found guilty of all charges and thereafter commenced this CPLR article 78 proceeding challenging the determination. Supreme Court, among other things, dismissed the petition,...

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