Petitioner was directed to provide a urine specimen for testing, but failed to do so after he was given three glasses of water over a three-hour period. As a result, he was charged in a misbehavior report with refusing a direct order and violating urinalysis testing procedures. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
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