Giano v. Duncan

Petitioner was found guilty of violating the prison disciplinary rule prohibiting violation of urinalysis testing procedures after he admittedly refused to obey a direct order to provide a urine sample for testing. Following an unsuccessful administrative appeal, petitioner commenced the instant proceeding pursuant to CPLR article 78 contending that he was deprived of a fair hearing. Supreme Court dismissed petitioner’s application, prompting this appeal.

We affirm. Contrary to petitioner’s assertion, he was not denied the right to present a defense. The case law makes clear that a hearing…