MATTER OF CUNNINGHAM v. GOORD


274 A.D.2d 814 (2000)

711 N.Y.S.2d 571

In the Matter of MELVIN CUNNINGHAM, Petitioner, v. GLENN S. GOORD, 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.

Decided July 20, 2000.


Petitioner, a prison inmate, was found guilty of refusing a direct order and a urinalysis testing violation after he refused to produce a urine specimen. Petitioner commenced this proceeding contending, inter alia, that substantial evidence does not support the determination, that he did not willfully disobey the order to submit a urine specimen and that he was denied relevant witnesses.

Contrary to petitioner's contention, the misbehavior report, the testimony...

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