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MATTER OF CAPOCETTA v. FISCHER

507928.

72 A.D.3d 1377 (2010)

901 N.Y.S.2d 728

In the Matter of LUIGI CAPOCETTA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 22, 2010.

STEIN, J.

Petitioner was charged in three misbehavior reports, dated February 6, 2009, February 27, 2009 and March 23, 2009, with noncompliance with urinalysis testing procedures when he failed to provide a urine sample on three occasions. Following three separate tier III disciplinary hearings, petitioner was found guilty as charged. These determinations were affirmed on administrative review, with the penalties modified upon reconsideration, and this CPLR article...

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