Brown v. Rivera

Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered February 6, 2002 in Washington County, which converted petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, into a proceeding pursuant to CPLR article 78 and dismissed the petition.

In April 2000, following a tier III disciplinary hearing, petitioner was found guilty of violating temporary release rules. Thereafter, the temporary release committee removed him from the temporary release program. After the tier III determination was administratively reversed in October 2001,…