MATTER OF FLYNN v. ANNUCCI

525278.

159 A.D.3d 1181 (2018)

73 N.Y.S.3d 262

2018 NY Slip Op 01528

In the Matter of BRUCE FLYNN, 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 March 8, 2018.


Petitioner was charged in a misbehavior report with refusing a direct order and violating urinalysis procedures, stemming from his failure to submit an adequate urine sample. Following a hearing, petitioner was found not guilty of refusing a direct order but guilty of the remaining charge. This determination was affirmed on administrative review, and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, documentary evidence and the hearing testimony...

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