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IN THE MATTER OF WINBUSH v. McGINNIS

26 A.D.3d 718 (2006)

811 N.Y.S.2d 149

In the Matter of SAMUEL WINBUSH, 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.

February 23, 2006.

Petitioner, an inmate, reported that he fell out of bed and was experiencing chest pain. He told the nurse who responded that he was dehydrated because his water had been turned off. After examining petitioner, the nurse did not find any symptoms of chest pain or dehydration. As a result, petitioner was charged in a misbehavior report with falsely reporting an emergency. He was found guilty following a tier II disciplinary hearing...

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