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IN THE MATTER OF INFANTE v. SELSKY

21 A.D.3d 633 (2005)

799 N.Y.S.2d 331

In the Matter of CAMILO INFANTE, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

August 4, 2005.

Petitioner, an inmate, was ordered by a correction officer to produce a urine sample as part of a random drug screening. When petitioner failed to provide a specimen within the required three-hour period (see 7 NYCRR 1020.4 [d] [4]), he was charged in a misbehavior report with refusing a direct order and failing to comply with urinalysis testing procedures. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was affirmed...

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