IN THE MATTER OF MORENO v. GOORD


30 A.D.3d 708 (2006)

817 N.Y.S.2d 173

In the Matter of CARLOS MORENO, 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.

June 8, 2006.


Petitioner was given three hours within which to comply with a correction officer's directive to produce a urine specimen. He was informed of the consequences of his failure to do so within the allotted time and was permitted to consume one eight-ounce glass of water each hour. When petitioner was unable to produce a urine specimen at the end of the three-hour period, he was charged in a misbehavior report with refusing a direct order and failing to comply with urinalysis...

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