Duffy v. Fischer

As the result of a suspected drug overdose, petitioner was taken by ambulance from the correctional facility where he was incarcerated to a local hospital. At the hospital, he was catheterized and a sample of his urine was taken from the catheter bag *1074for testing. He was thereafter charged in a misbehavior report with using a controlled substance after his urine sample twice tested positive for the presence of opiates. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. The determination was later affirmed on administrative appeal, resulting in this CPLR…