Legal Opinion

Taylor v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 2011Published

1Opinion of the Court

*1257Petitioner was requested to provide a urine specimen for urinalysis testing, but claimed to be unable to do so even though he was offered a cup of water each hour for three consecutive hours, which he declined. As a result, he was charged in a misbehavior report with refusing a direct order and failing to comply with urinalysis testing procedures. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The detailed misbehavior report, together with…

2Cases cited4 opinions

  1. Credle v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  2. Moreno v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  3. Sterling v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Duffy v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

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