Abascal v. Roach

Appeal from a judgment of the Supreme Court (Teresi, J.), entered February 14, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for participation in the temporary work release program.

Petitioner, who is serving a sentence of six years to life for his conviction of criminal sale of a controlled substance in the second degree, commenced this CPLR article 78 proceeding challenging the denial of his application to participate in a temporary work release program.…