MATTER OF GIANO v. DUNCAN


297 A.D.2d 865 (2002)

746 N.Y.S.2d 917

In the Matter of JULIO GIANO, Appellant, v. GEORGE DUNCAN, as Superintendent of Great Meadow Correctional Facility, et al., Respondents.

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

Decided September 19, 2002.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting violation of urinalysis testing procedures after he admittedly refused to obey a direct order to provide a urine sample for testing. Following an unsuccessful administrative appeal, petitioner commenced the instant proceeding pursuant to CPLR article 78 contending that he was deprived of a fair hearing. Supreme Court dismissed petitioner's application, prompting this appeal.

We affirm...

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