IN THE MATTER OF QUINONES v. FISCHER

509492.

78 A.D.3d 1407 (2010)

913 N.Y.S.2d 780

In the Matter of DAVID QUINONES, 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, a prison inmate, was ordered to provide a sample for a random urinalysis test. During the process, a correction officer observed petitioner placing an unidentified powder into his urine sample and directed him to stop. Petitioner then placed the remaining substance in the toilet and flushed. This act resulted in a misbehavior report charging petitioner with failing to comply with urinalysis guidelines, interfering with an employee and refusing a direct order....

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