MATTER OF LOPEZ v. FISCHER

516589

115 A.D.3d 1098 (2014)

982 N.Y.S.2d 195

2014 NY Slip Op 1790

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

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

Decided March 20, 2014.


Petitioner was randomly selected to provide a urine specimen for testing. He was informed that if he did not provide a specimen within three hours, it would be considered a refusal and he would be subject to the same disciplinary disposition as if he had provided a specimen that tested positive. After more than an hour, petitioner informed a correction officer that he could not provide a specimen in the officer's presence and requested special accommodations. He was interviewed...

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