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IN THE MATTER OF BROWN v. GOORD

18 A.D.3d 1084 (2005)

795 N.Y.S.2d 407

In the Matter of CECIL BROWN, 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.

May 26, 2005.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of disobeying a direct order and violating urinalysis testing procedures. The misbehavior report relates that shortly after being ordered to submit a urine sample, petitioner was informed that he had a visitor. When petitioner indicated his desire to go on the visit, he was informed that leaving the area would constitute a refusal to submit a urine sample and that he may incur...

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