Day v. Pataki

OPINION OF THE COURT

George B. Ceresia, Jr., J.

The inmate petitioner has commenced the instant CPLR article 78 proceeding seeking an order directing respondent to rescind and annul Executive Order No. 5 on the grounds that it violates the New York Constitution. Respondent also seeks an order restoring his eligibility to participate in the temporary release program.

Petitioner applied for participation in the temporary release program, specifically, the industrial training program, on May 10, 1995. Petitioner’s application was denied on the grounds that he was not eligible due to the provisions…