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Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands
When Becker could not provide a urine sample, he was charged with refusing a direct order and failure to adhere to urinalysis testing procedures. His administrative appeal failed and he filed a CPLR article 78 proceeding claiming that he had shy bladder syndrome (paruresis) and that the misbehavior report he received was in retaliation for his filing a grievance.
The Third Department Appellate Division for the Supreme Court of New York held that Becker's guilt was apparent from the report that was filed and from his admission. The court found no medical documentation to prove his paruresis allegations and ruled that his further claims were not preserved for review. See: Becker v. Goord, 787 N.Y.S.2d 441, 13 A.D.3d 947 (N.Y. App. 2004).
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Related legal case
Becker v. Goord
|Cite||787 N.Y.S.2d 441, 13 A.D.3d 947 (N.Y. App. 2004)|
|Level||State Court of Appeals|