MATTER OF COLLUCCI v. GOORD


305 A.D.2d 825 (2003)

758 N.Y.S.2d 549

In the Matter of JOHN COLLUCCI, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided May 15, 2003.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting noncompliance with urinalysis testing procedures after he failed to submit a urine sample within three hours. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding. Supreme Court dismissed the petition, prompting this appeal.

Contrary to petitioner's contention, the misbehavior report and the testimony at the hearing, including that of...

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