People ex rel. Baker v. Lefevre

Appeal from a judgment of the Supreme Court (Plumadore, J.), entered August 29, 1994 in Franklin County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, a prison inmate, challenges his removal from a temporary release program after an unauthorized absence. He claims that his removal from the program without a prior Superintendent’s disciplinary hearing violated his right to procedural due process. We find petitioner’s argument unpersuasive. The temporary release hearing provided to petitioner…