Baker v. Fischer

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination denying his application for temporary release to a substance abuse treatment program. We note at the outset that the proceeding was improperly transferred to this Court pursuant to CPLR 7804 (g) because no substantial evidence question is raised herein (see generally CPLR 7803 [4]; Correction Law § 855 [9]; Matter of Tatta v Dennison, 26 AD3d 663 [2006], lv denied 6 NY3d 714 [2006]; Matter of Gonzalez v Wilson, 106 AD2d 386 [1984]). Nevertheless, we consider the merits of the petition in the…