People ex rel. Aupperlee v. Warden of Wallkill Correctional Facility

Appeal from a judgment of the Supreme Court (Bradley, J.), entered March 15, 1996 in Ulster County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 70, and discharged petitioner to temporary work release.

Although respondent raised a number of procedural objections to this habeas corpus proceeding at Supreme Court, respondent focuses only on the merits in this appeal from Supreme Court’s judgment in favor of petitioner. According to respondent, petitioner, a State prison inmate who was participating in a temporary release program, had no due process, statutory…