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Refusing to Provide Relevant Information to an Inmate Required Annulment of the Determination.

In a prison disciplinary proceeding, the hearing officer’s refusal to provide the inmate with the instructions for the operation of the machine which was used to test his urine for the presence of drugs required annulment of the determination the prisoner had used a controlled substance.  Matter of Marshall vs Fischer, 2012-01538, Index No. 6260/11 Second Dept. 2-13-13

 

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