Butchino v. Goord

—Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Petitioner was found guilty following a Tier III hearing of violating inmate rules 108.14 (7 NYCRR 270.2 [B] [9] [v] [violation of temporary release programming rules]) and 102.10 (7 NYCRR 270.2 [B] [3] [i] [making threats]). According to the inmate misbehavior report, petitioner, while on temporary release, threatened to kill his ex-wife’s husband. There is substantial evidence to support the…