MATTER OF DUSHANE v. FISCHER

514497.

102 A.D.3d 1043 (2013)

957 N.Y.S.2d 921

2013 NY Slip Op 373

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

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

Decided January 24, 2013.


Petitioner was directed to provide a urine sample for testing, but claimed he could not do so at that time. Soon after, he was observed retrieving the finger of a latex glove filled with liquid by rolling it from the gallery floor into his cell. When he was asked what he had retrieved, he said "nothing" and flushed the liquid-filled finger down the toilet. As a result, the effort to obtain a urine sample from petitioner was terminated and he was charged in a misbehavior report...

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