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IN THE MATTER OF FAGAIRO v. JOY

18 A.D.3d 926 (2005)

794 N.Y.S.2d 497

In the Matter of DEMARIANO FAGAIRO, Appellant, v. DEBRA JOY, as Director of the New York State Department of Correctional Services Temporary Release Programs, Respondent.

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

May 5, 2005.

Petitioner was a participant in phase I of a three-phase Comprehensive Alcohol and Substance Abuse Treatment (hereinafter CASAT) Program while he was incarcerated in a state correctional facility. On May 29, 2003, following unsatisfactory performance evaluations, petitioner was removed from the program and the removal was upheld by the Central Office Review Committee based upon petitioner's poor evaluations as well as his defiant attitude and negative behavior. On June 2...

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