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MATTER OF KELLY v. ANNUCCI

532377.

193 A.D.3d 1169 (2021)

145 N.Y.S.3d 657

2021 NY Slip Op 02048

In the Matter of Stephen Kelly, Appellant, 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 1, 2021.

Attorney(s) appearing for the Case

Stephen Kelly, Gouverneur, appellant pro se.

Letitia James , Attorney General, Albany ( Martin A. Hotvet , of counsel), for respondent.

Garry, P.J., Egan Jr., Aarons, Pritzker and Colangelo, JJ., concur.

On October 9, 2019, petitioner was ordered to produce a urine sample as part of a random drug screening. When petitioner failed to provide a sample within the required time period (see 7 NYCRR 1020.4[d][4]), he was charged in a misbehavior report with failing to comply with urinalysis testing procedures and violating temporary release program rules. Following a tier III disciplinary hearing, petitioner was found guilty...

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