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MATTER OF CONSTANTINO v. GOORD

34 A.D.3d 1020 (2006)

824 N.Y.S.2d 468

In the Matter of JUSTIN CONSTANTINO, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided November 16, 2006.

Mugglin, J.

Petitioner, a prison inmate participating in the temporary release program, tested positive for cocaine and, as a result, was suspended from the program. Rather than face a disciplinary proceeding, he requested and was granted acceptance into an alcohol and substance abuse relapse program. Petitioner was required to successfully complete the relapse program before becoming eligible to continue in the temporary release program. He ultimately received an...

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