MATTER OF STERLING v. FISCHER

508456.

75 A.D.3d 709 (2010)

903 N.Y.S.2d 281

In the Matter of DWAYNE STERLING, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 1, 2010.


Petitioner, a prison inmate, was instructed to produce a urine sample for a random drug test and failed to do so within the allotted three hours, despite being permitted to consume an eight-ounce glass of water each hour. He was subsequently charged in a misbehavior report with a violation of urinalysis testing procedures and, after a tier III disciplinary hearing, was found guilty as charged. Following an unsuccessful administrative appeal, petitioner commenced this CPLR...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases