Littlejohn v. New York State Department of Corrections & Community Supervision

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 11, 2016 in Franklin County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

On February 19, 2015, petitioner’s application for participation in a shock incarceration program was denied. Thereafter, petitioner attempted to administratively appeal that determination, but was subsequently informed on March 17, 2015 that no administrative appeal process exists for the denial of shock incarceration participation. Thereafter, in May 2015, petitioner commenced a CPLR…