Legal Opinion

Brown v. Commissioner of the New York State Department of Correctional Services

Appellate Division of the Supreme Court of the State of New York

Decided June 1, 1979PublishedCited by 1 opinion

1Opinion of the Court

— Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: Respondents appeal from a judgment in a CPLR article 78 proceeding directing that they afford petitioner, a prisoner, a hearing with respect to the denial of his application for furlough, one of the temporary release programs in Correction Law (§ 851 et seq.). Petitioner began participation in the work release program in August, 1976. The 1977 amendment to the Correction Law added a provision (Correction Law, § 851, subd 2, as amd by L 1977, ch 691, § 1, eff Sept. 1, 1977) that if an inmate is denied release…

2Cases cited6 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Meachum v. FanoSupreme Court of the United States · 1976
  3. Kleppe v. New MexicoSupreme Court of the United States · 1976
  4. Tracy v. SalamackDistrict Court, S.D. New York · 1977
  5. Horton v. HongistoAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by1 opinion

  1. Matter of Telford v. McCartneyAppellate Division of the Supreme Court of the State of New York · 2017

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