On review, the case was transferred to the Supreme Court of New York, Appellate Division, Third Department. The Court recognized a prison doctor’s testimony that the injury and shy bladder wouldn’t have prevented Infante from providing the sample in three hours, and thus dismissed Infante’s petition. See: In the Matter of Infante v. Selsky 21 A.D. 3d 633; 799 N.Y.S. 331 (2005).
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Related legal case
In the Matter of Infantev. Selsky
|Cite||21 A.D. 3d 633; 799 N.Y.S. 331 (2005)|
|Level||State Court of Appeals|