Quartararo v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 3, 1995 in Albany County, which dismissed petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondents denying petitioner’s request to participate in a furlough program.

Petitioner, a prison inmate convicted of the crime of murder in the second degree, was denied participation in a furlough program based upon amendments to Correction Law § 851 (2) (see, L 1994, ch 60, § 42). He commenced this combined declaratory judgment…