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MTR. OF SIMMONS v. JOY

876-08

24 Misc.3d 1030 (2009)

879 N.Y.S.2d 898

In the Matter of TERRY SIMMONS, Petitioner, v. DEBRA JOY, Respondent.

Supreme Court of the State of New York, Albany County.

Decided March 19, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Dean J. Higgins of counsel), for respondent. Terry Simmons, petitioner pro se.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

The petitioner, an inmate currently at Hale Creek ASACTC, was convicted of the crime of criminal sale of a controlled substance in the third degree, a class C felony. He submitted an application to participate in the comprehensive alcohol and substance abuse treatment (CASAT) program. The application was approved by the Temporary Release Committee and the Superintendent of Livingston Correctional Facility....

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