Gray 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.

Petitioner, an inmate, was charged in a misbehavior report with violating a rule regarding urinalysis testing. According to the report, petitioner was ordered to provide a urine sample but was unable to do so within three hours. After being informed that the inability to provide a sample would be considered a refusal subject to…