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IN THE MATTER OF HALL v. ZENZEN

20 A.D.3d 840 (2005)

798 N.Y.S.2d 801

In the Matter of BARABBAS HALL, Petitioner, v. SHERYL ZENZEN, as Assistant Deputy Superintendent and Chair of the Temporary Release Committee, Rochester Correctional Facility, et al., Respondents.

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

July 28, 2005.

Petitioner was a participant in the Day Reporting Program (hereinafter DRP) while he was incarcerated in a state correctional facility. Involvement in the DRP is a privilege extended to qualifying inmates which allows them to reside at an approved residence away from the correctional facility with certain restrictions, including abstinence from alcohol (see 7 NYCRR 1925.2, 1926.3). In January 2004, petitioner was charged in a misbehavior report with violating temporary...

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