IN THE MATTER OF WIGFALL v. GOORD


16 A.D.3d 791 (2005)

790 N.Y.S.2d 768

In the Matter of JOSEPH WIGFALL, Petitioner, 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.

March 10, 2005.


After informing a correction officer that he could not provide a urine sample for testing, petitioner was observed urinating in a shower stall and admitted to defecating in a plastic bag. When confronted about his behavior, petitioner became loud and boisterous. He was charged in a misbehavior report with committing an unhygienic act, interfering with an employee, failing to comply with urinalysis test procedures, refusing a direct order and creating a disturbance. He was...

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