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Disciplinary Action Review for Failure to Produce Urine Sample Barred As Untimely
New York State prisoner Joseph Brammer petitioned for review of a 1995 Upstate Correctional Facility (UCF) disciplinary action resulting from his failure to produce a urine sample. The judgment was affirmed for his failure to timely file the petition.
Brammer alleged that the failure to produce the urine sample was due to paruresis (shy bladder syndrome). He was found guilty by UCF personnel in 1995 for failure to adhere to urinalysis testing procedures. He brought action in 2002 by means of a CPLR article 78 proceeding which was dismissed as time barred. He amended his petition and sought any and all disciplinary documents used in finding his guilt. The amended petition was likewise dismissed as time barred.
On appeal, the Third Department Appellate Division for the Supreme Court of New York held that dismissal of the amended petition was proper because the amended petition was filed outside the four month statute of limitations. See: Brammer v. Ricks, 766 N.Y.S.2d 128, 309 A.D.2d 1034 (N.Y. App. 2003).
Brammer alleged that the failure to produce the urine sample was due to paruresis (shy bladder syndrome). He was found guilty by UCF personnel in 1995 for failure to adhere to urinalysis testing procedures. He brought action in 2002 by means of a CPLR article 78 proceeding which was dismissed as time barred. He amended his petition and sought any and all disciplinary documents used in finding his guilt. The amended petition was likewise dismissed as time barred.
On appeal, the Third Department Appellate Division for the Supreme Court of New York held that dismissal of the amended petition was proper because the amended petition was filed outside the four month statute of limitations. See: Brammer v. Ricks, 766 N.Y.S.2d 128, 309 A.D.2d 1034 (N.Y. App. 2003).
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