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MATTER OF MONTILLA v. PRACK

513173.

95 A.D.3d 1580 (2012)

943 N.Y.S.2d 922

2012 NY Slip Op 4058

In the Matter of JUAN MONTILLA, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 24, 2012.

As a result of his failure to provide a urine sample for testing, petitioner was charged in a misbehavior report with failing to comply with urinalysis testing procedures and refusing a direct order. Following a tier III disciplinary hearing, he was found guilty of the charges. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. Petitioner arguably pleaded guilty to the charges at issue, thereby precluding...

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