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MATTER OF LIAKIS v. SELSKY

50 A.D.3d 1409 (2008)

857 N.Y.S.2d 751

In the Matter of NICHOLAS LIAKIS, 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 April 24, 2008.

Contrary to petitioner's assertion, the underlying misbehavior report is sufficient to support the finding that petitioner violated urinalysis testing procedures by failing to provide a urine sample within the time allotted when ordered to do so by facility personnel (see Matter of Levy v Goord, 22 A.D.3d 929 [2005]). Petitioner also acknowledged his failure to provide a sample within the three-hour time period. To the extent that...

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