Rizzuto v. Goord

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered July 28, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services recommending that petitioner participate in a sexual offender counseling program.

Petitioner is presently serving time in prison having been convicted of enterprise corruption in the first degree, forgery in the second degree and obstructing governmental administration by means of a self-defense device. The conduct providing the basis for…