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MATTER OF DUFFY v. FISCHER

508347.

78 A.D.3d 1384 (2010)

910 N.Y.S.2d 698

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 November 18, 2010.

Petitioner was ordered to take a urinalysis test, but failed to provide a urine specimen after drinking three glasses of water over a three-hour period. As a result, he was charged in a misbehavior report with violating urinalysis testing procedures. Following a tier III disciplinary hearing, he was found guilty of the charge. The determination was later upheld on administrative appeal, resulting in this CPLR article 78 proceeding.

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