Burgess v. McGinnis

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule which prohibits inmates from making false statements. The evidence presented at petitioner’s disciplinary hearing included the misbehavior report which related that petitioner had written a letter of complaint to respondent Superintendent of Southport…