People ex rel. Dioguardi v. Warden of Rikers Island Penitentiary

This proceeding was originally brought on by habeas writ. Inasmuch as its purpose was to review the result of relator’s "screening” by the Furlough Program Selection Committee, the court held that the matter was properly reviewable in an article 78 proceeding. It directed that the appropriate petition and answer be submitted so that the issues would be sufficiently defined to enable a determination on the merits (People ex rel. Cavalluzzo v Warden, 39 AD2d 897; People ex rel. Cromwell v Warden, 74 Misc 2d 642, 650). This has now been done.

There is no dispute with respect to the material…