Telesco v. Selsky

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 a prison disciplinary rule.

After petitioner failed to provide a urine specimen for urinalysis testing within the three-hour time period allotted, he was charged in a misbehavior report with failing to comply with urinalysis testing procedures. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was…