Mitchell v. Hessell

Mercure, J.P.

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 the Commissioner of Correctional Services, which found petitioner guilty of violating certain prison disciplinary rules.

In December 2001, a correction officer requested that petitioner, an inmate at Collins Correctional Facility in Erie *1229County, undergo a urinalysis test after observing petitioner exhibiting lethargic behavior. Two days after the sample was placed in a refrigerator, another correction officer removed it and…