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MATTER OF BOUSTANI v. GOORD

298 A.D.2d 732 (2002)

748 N.Y.S.2d 528

In the Matter of ALDO BOUSTANI, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided October 24, 2002.

Spain, J.

Petitioner, a Cuban citizen and lawful permanent resident of this country who is incarcerated at Altona Correctional Facility in Clinton County, commenced this CPLR article 78 proceeding after his application to participate in the temporary release program (see Correction Law § 851 [9]) was canceled because an Immigration and Naturalization Service detainer had been issued against him. Supreme Court dismissed the petition on the ground that petitioner...

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