Rogers v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with violating urinalysis testing procedures after he failed to produce a urine sample within the time allotted despite being provided with water to drink during the relevant period. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, and the determination was affirmed upon…