MATTER OF LOPEZ v. GOORD


14 A.D.3d 771 (2005)

786 N.Y.S.2d 852

In the Matter of ROBERT LOPEZ, 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.

January 6, 2005.


Petitioner, an inmate, was ordered by a correction officer to provide a urine sample as part of a random screening. During the testing procedure, the correction officer observed petitioner dip the specimen cup into the sink and hand him the cup containing what appeared to be water. After testing the temperature of the liquid in the cup and determining that it was too cold to be urine, the correction officer discarded it. When petitioner was unable to provide a urine specimen...

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