MATTER OF MARCIANO v. GOORD


38 A.D.3d 217 (2007)

830 N.Y.S.2d 552

In the Matter of SALVATORE MARCIANO, Respondent, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Appellants.

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

Decided March 1, 2007.


We find, contrary to the IAS court, that the determination to discontinue petitioner's participation in the temporary release program is supported by substantial evidence, in particular, the complaint that petitioner's wife filed with the police alleging that petitioner had threatened to kill her, and petitioner's testimony before the TRC that his relationship with his wife was hostile and that he had argued with her on the day the alleged threat was made. Such evidence is...

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