Porter 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting the loss of state property. According to the misbehavior report, a review of overdue books from the correctional facility library established that petitioner received a law library book and its pocket part and failed to return them. The misbehavior…