MATTER OF KAE v. BEZIO

509545.

79 A.D.3d 1496 (2010)

913 N.Y.S.2d 409

In the Matter of DAVID KAE, Petitioner, v. NORMAN R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided December 23, 2010.


Petitioner was initially unable to provide a urine specimen when ordered to submit to a random drug test. He was then escorted to a holding pen where he was to be given three hours to submit a urine specimen and provided an eight-ounce glass of water each hour. After drinking one glass of water, petitioner approached the toilet and, while a correction officer was standing nearby, he spit a liquid substance into the cup. The liquid substance was water that petitioner was holding...

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