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MATTER OF STAUFFER v. PRACK

510523.

82 A.D.3d 1442 (2011)

918 N.Y.S.2d 901

In the Matter of HAROLD STAUFFER Jr., Petitioner, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided March 17, 2011.

When petitioner, a prison inmate, was ordered to provide a urine sample and claimed to be unable to do so after a three-hour period, he was served with a misbehavior report. Following a tier III disciplinary hearing, he was found guilty of a urinalysis testing violation and that determination was affirmed on administrative appeal. Thereafter, petitioner commenced this CPLR article 78 proceeding.

We confirm. The misbehavior...

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