Wagner v. Fischer

Appeal from a judgment of the Supreme Court (Sackett, J.), entered July 28, 2009 in Albany County, which, among other *1357things, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Temporary Release Committee denying petitioner’s request to participate in the family-tie furlough program.

In 2007, petitioner was convicted of driving while intoxicated (hereinafter DWI), as a felony, and currently is serving a prison sentence of 13/4 to 53/4 years. While incarcerated, petitioner completed a DWI program and applied for temporary release.…