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Matter of Santiago v. Recore

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 773 (N.Y. App. Div. 1997)

Opinion

September 4, 1997

Appeal from the Supreme Court, Albany County (Kane, J.).


Petitioner, an inmate in a State correctional facility, was removed from the temporary release program following his conviction of various drug-related crimes committed during his participation in the temporary release program. Although we do not condone the considerable delay in reaching this determination, we nevertheless reject petitioner's contention that his due process rights were violated by his removal from the program. The record establishes that the Temporary Release Committee held a hearing in accordance with the regulatory requirements ( see, 7 NYCRR 1904.2; see also, Matter of Malik v Coombe, 235 A.D.2d 872) and that petitioner has in all respects received the relief to which he is entitled ( see, Matter of Malik v. Coombe, supra). Petitioner's remaining contentions have been reviewed and found to be unpersuasive.

Mercure, J.P., Crew III, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Santiago v. Recore

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 773 (N.Y. App. Div. 1997)
Case details for

Matter of Santiago v. Recore

Case Details

Full title:In the Matter of VICTOR SANTIAGO, Appellant, v. JAMES RECORE, as Director…

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

Date published: Sep 4, 1997

Citations

242 A.D.2d 773 (N.Y. App. Div. 1997)
661 N.Y.S.2d 1009

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