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 Superintendent of Southport Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

When a female correction counselor arrived at petitioner’s cell to provide assistance with a disciplinary matter, he was dressed in only underwear and refused to put on a pair of state issued green pants. As a result, he was charged in a misbehavior report with refusing a direct order and interfering with…