MATTER OF WINGATE v. GOORD


292 A.D.2d 659 (2002)

738 N.Y.S.2d 752

In the Matter of DERRICK WINGATE, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided March 7, 2002.


Petitioner's only claim on this appeal is that his urine sample, which tested positive for opiates, was taken in violation of respondent's regulation and directive. There is, however, nothing in either the regulation or the directive that prohibits the taking of successive samples where, as here, the correction officer who collected the samples had reason to believe that the first two samples were not urine and the officer obtained the required authorization for each sample...

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