MATTER OF COVINGTON v. ANNUCCI

525780.

160 A.D.3d 1333 (2018)

75 N.Y.S.3d 340

2018 NY Slip Op 02871

In the Matter of John Covington, 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 April 26, 2018.


After petitioner was found unresponsive in his cell, he was placed on drug watch and a request for urinalysis testing was approved. Petitioner failed to produce a urine sample and two misbehavior reports followed. The first alleged that, when petitioner was directed to produce a urine sample, he filled the specimen cup with water before attempting to urinate in it and claimed that the liquid was urine, leading to charges of refusing a direct order and lying. The second charged...

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