MATTER OF McDAY v. ANNUCCI

524448.

156 A.D.3d 1082 (2017)

65 N.Y.S.3d 463

2017 NY Slip Op 08768

In the Matter of KEITH McDAY, 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 December 14, 2017.


Petitioner was charged in a misbehavior report with refusing a direct order, violating urinalysis testing procedures and interfering with an employee's duties. According to the misbehavior report, petitioner tried to spit water into the specimen cup when ordered to provide a urine sample for testing and admitted to the correction officer that his urine was "dirty." Thereafter, petitioner was counseled as to the proper urinalysis procedure and he provided a urine sample, but...

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