MATTER OF CURRY v. COUGHLIN


175 A.D.2d 970 (1991)

In the Matter of James Curry, Appellant, v. Thomas A. Coughlin III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

August 29, 1991


Petitioner challenges the determination that he violated the disciplinary rule prohibiting the use of a controlled substance on the ground that the specimen bottle was not labeled until after the sample was taken and there was a six-hour period when the specimen was not secured. We find both arguments unpersuasive. First, it is undisputed that the specimen bottle was labeled by a correction officer in petitioner's presence immediately after he gave the sample. Next, with...

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