After he refused a correction officer's directive to provide a urine specimen, petitioner was charged in a misbehavior report with failing to comply with urinalysis testing procedures and refusing a direct order. He was found guilty of the charges following a tier III disciplinary hearing. The determination was later affirmed on administratve appeal with a modified penalty. This CPLR article 78 proceeding ensued.
As an initial matter, contrary to petitioner's claim...
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