Constantino v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Director of Temporary Release Programs removing petitioner from the temporary release program.

Petitioner, a prison inmate participating in the temporary release program, tested positive for cocaine and, as a result, was suspended from the program. Rather than face a disciplinary proceeding, he requested and was granted acceptance into an alcohol and substance abuse relapse program. Petitioner was required to successfully complete…