MATTER OF CLARK v. JORDAN

529498.

178 A.D.3d 1190 (2019)

113 N.Y.S.3d 781

2019 NY Slip Op 08757

In the Matter of Jahmel Clark, Petitioner, v. Lieutenant Jordan, as Hearing Officer, Sullivan Correctional Facility, Respondent.

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

Decided December 5, 2019.


Attorney(s) appearing for the Case

Jahmel Clark, Fallsburg, petitioner pro se.

Letitia James , Attorney General, Albany ( Julie M. Sheridan of counsel), for respondent.

Letitia James , Attorney General, Albany ( Julie M. Sheridan of counsel), for respondent.

Garry, P.J., Clark, Mulvey and Pritzker, JJ., concur.


After a strong odor of marihuana was detected emanating from petitioner's cell and he was observed appearing to be under the influence of drugs, petitioner was directed to produce a urine sample for testing but claimed that he was unable to do so. Petitioner was advised of the consequences of refusing to produce a urine sample and that he would be allowed three hours in which to produce the sample. After approximately one hour, petitioner indicated that he was refusing to...

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