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MATTER OF WHITE v. FISCHER

513183.

95 A.D.3d 1582 (2012)

943 N.Y.S.2d 924

2012 NY Slip Op 4060

In the Matter of JOHN H. WHITE, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided May 24, 2012.

As a result of his failure to provide a urine sample for testing, petitioner was charged in a misbehavior report with refusing a direct order and violating urinalysis testing procedures. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing, and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together...

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