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MATTER OF BAEZ v. VENETTOZZI

524636.

155 A.D.3d 1231 (2017)

64 N.Y.S.3d 735

2017 NY Slip Op 07920

In the Matter of ERIC BAEZ, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 9, 2017.

Petitioner, an inmate, was ordered by a correction officer to produce a urine sample. When petitioner failed to provide a specimen within the required three-hour period (see 7 NYCRR 1020.4 [d] [4]), he was charged in a misbehavior report with refusing a direct order and failing to comply with urinalysis testing procedures. After a search of petitioner's cell revealed a latex glove filled with a substance identified as urine...

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