MATTER OF TAYLOR v. FISCHER

511957.

87 A.D.3d 1256 (2011)

929 N.Y.S.2d 891

2011 NY Slip Op 6630

In the Matter of ROBERT TAYLOR, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 29, 2011.


Petitioner was requested to provide a urine specimen for urinalysis testing, but claimed to be unable to do so even though he was offered a cup of water each hour for three consecutive hours, which he declined. As a result, he was charged in a misbehavior report with refusing a direct order and failing to comply with urinalysis testing procedures. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on...

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