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MATTER OF WHITE v. FISCHER

No. 5816-10.

2011 NY Slip Op 30621 (U)

In The Matter of JOHN WHITE, Petitioner, v. BRIAN FISCHER, COMMISSIONER, NYSDOCS, Respondents, For A Judgment Pursuant to Article 78 of the Civil Practice Law and Rules.

Supreme Court, Albany County.

March 1, 2011.

Attorney(s) appearing for the Case

John White , Inmate No. 08-A-3366, Upstate Correctional Facility, P.O. Box 2001, Malone, NY 12953, Petitioner, Pro Se.

Eric T. Schneiderman , Attorney General, State of New York, Attorney For Respondent.

The Capitol Albany, New York 12224 ( Brian J. O'Donnell , Assistant Attorney General of Counsel).

DECISION/ORDER/JUDGMENT

GEORGE B. CERESIA, Jr., J.S.C.

The petitioner, an inmate at Upstate Correctional Facility, has commenced the instant CPLR Article 78 proceeding to review a disciplinary determination dated June 24, 2010 in which he was found guilty of violating prison rules. The charges arise from an incident in which he allegedly refused to take a urinalysis test. He was found guilty of a violation of Rule 106.10, refusing a direct order, and Rule...

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