MATTER OF BARONE v. PRACK

512277.

92 A.D.3d 999 (2012)

937 N.Y.S.2d 477

2012 NY Slip Op 684

In the Matter of Louis BARONE, Petitioner, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided February 2, 2012.


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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