MATTER OF INFANTE v. JOHNSON


258 A.D.2d 799 (1999)

685 N.Y.S.2d 868

In the Matter of CARLOS INFANTE, Petitioner, v. SALLY B. JOHNSON, as Superintendent at Orleans Correctional Facility, et al., Respondents.

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

Decided February 18, 1999.


Petitioner was charged with and found guilty of violating urinalysis procedures when he failed to provide a urine specimen within three hours as required by a prison disciplinary rule. Petitioner claimed that a medical problem prevented him from submitting a urine sample. Because petitioner was scheduled to see the facility physician, the hearing was adjourned until after an examination could be performed. Thereafter, the correctional facility nurse testified that the physician...

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