MATTER OF TAYLOR v. COOMBE


228 A.D.2d 851 (1996)

644 N.Y.S.2d 360

In the Matter of Theodore Taylor, Petitioner, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

June 13, 1996


While an inmate at Fulton Correctional Facility in the Bronx, petitioner gave a urine specimen which tested positive for cocaine. He was subsequently found guilty of violating temporary release rules and regulations and use of a controlled substance. While the record establishes that two urinalysis tests were performed, it shows they were done by the same individual despite the fact the regulations require that the tests be performed by different individuals if available...

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