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MATTER OF RIVERA v. FISCHER

506157.

67 A.D.3d 1140 (2009)

888 N.Y.S.2d 307

2009 NY Slip Op 08102

In the Matter of CARLOS RIVERA, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 12, 2009.

While a prisoner at Marcy Correctional Facility in Oneida County, petitioner was a participant in the Alcohol and Substance Abuse Treatment (hereinafter ASAT) program. After receiving three behavior contracts in July 2007, petitioner went before the ASAT Plan Review Committee and was placed on probation. In August 2007, petitioner received two more behavior contracts and, as a consequence, was removed from the program. After removal...

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