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IN THE MATTER OF BECKER v. GOORD

13 A.D.3d 947 (2004)

787 N.Y.S.2d 441

In the Matter of LESLIE BECKER, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

December 23, 2004.

On February 19, 2003, petitioner was randomly selected to provide a urine specimen for testing at the correctional facility where he was incarcerated. He made attempts to provide a specimen at 9:50 a.m., 10:20 a.m. and 11:35 a.m., but was not successful. As a result, he was charged in a misbehavior report with refusing a direct order and refusing to comply with urinalysis testing procedures. He was found guilty of these charges following a tier III disciplinary hearing. The...

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