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IN THE MATTER OF TELESCO v. SELSKY

29 A.D.3d 1253 (2006)

815 N.Y.S.2d 780

In the Matter of LEONARD TELESCO, 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.

May 25, 2006.

After petitioner failed to provide a urine specimen for urinalysis testing within the three-hour time period allotted, he was charged in a misbehavior report with failing to comply with urinalysis testing procedures. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was upheld on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

Petitioner contends that he was unable to...

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