Abascal v. Maczek

*914Appeal from a judgment of the Supreme Court (Canfield, J.), entered August 6, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Director of Temporary Release Programs denying petitioner’s request for participation in the temporary work release program.

In 1997, petitioner pleaded guilty to the crime of criminal sale of a controlled substance in the second degree and is currently serving a prison sentence of six years to life. After an unsuccessful administrative appeal, petitioner commenced this CPLR…