Matthews v. Kelly

— Judgment unanimously modified, on the law, by striking the second ordering paragraph and, as modified, affirmed. Memorandum: Petitioner was charged in a misbehavior report with refusing a direct order and refusing to submit to a urine test when he was suspected of using drugs. At his Superintendent’s hearing he pleaded guilty to refusing a direct order but not guilty to refusing to submit to urinalysis because, although he had twice refused, he agreed to take the test within the three-hour period prescribed in *1005inmate rule 113.10. After taking the testimony of several witnesses, the hearing…