MATTER OF GRAY v. SELSKY


37 A.D.3d 890 (2007)

829 N.Y.S.2d 271

In the Matter of JOSEPH GRAY, 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.

Decided February 1, 2007.


Petitioner, an inmate, was charged in a misbehavior report with violating a rule regarding urinalysis testing. According to the report, petitioner was ordered to provide a urine sample but was unable to do so within three hours. After being informed that the inability to provide a sample would be considered a refusal subject to discipline, petitioner still did not produce a sample. A Hearing Officer found petitioner guilty and that determination was upheld on administrative...

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