Burt 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

■ While an inmate at Southport Correctional Facility in Chemung County, petitioner was found guilty of assaulting an inmate, engaging in an unhygienic act and damaging State property in violation of certain prison disciplinary rules. Although not raised on his administrative appeal, petitioner contends that the…