MATTER OF MUNTAQIM v. ANNUCCI

524450.

153 A.D.3d 1474 (2017)

2017 NY Slip Op 06499

59 N.Y.S.3d 725

In the Matter of YAHYA MUHAMMAD ABDULLAH MUNTAQIM, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided September 14, 2017.


After petitioner failed to submit a urine sample as directed by a correction officer within a three-hour period, petitioner was charged in a misbehavior report with refusing a direct order and failing to follow urinalysis procedures. Following a hearing, petitioner was found guilty of both charges and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

Petitioner contends that his enlarged prostate precluded him from...

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