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MATTER OF DUFFY v. FISCHER

507026

69 A.D.3d 1073 (2010)

893 N.Y.S.2d 363

2010 NY Slip Op 333

In the Matter of EUGENE DUFFY, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 14, 2010.

As the result of a suspected drug overdose, petitioner was taken by ambulance from the correctional facility where he was incarcerated to a local hospital. At the hospital, he was catheterized and a sample of his urine was taken from the catheter bag for testing. He was thereafter charged in a misbehavior report with using a controlled substance after his urine sample twice tested positive for the presence of opiates. Following...

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