Moore v. Goord

*1076Appeal from a judgment of the Supreme Court (Lamont, J.), entered July 14, 2005 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

In November 2004, petitioner commenced this CPLR article 78 proceeding challenging a determination removing him from a temporary work release program. Respondent subsequently obtained two adjournments to file responsive papers and to locate the transcript of the temporary release hearing. Because the audiotape of the hearing could not be located, petitioner was given a rehearing on April 11,…