Pena v. Roberts

Appeal from a judgment of the Supreme Court (Benza, J.), entered November 26, 2003 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination partially denying petitioner’s grievance.

Supreme Court properly dismissed the petition challenging the denial of petitioner’s grievance request for a hearing pursuant to 7 NYCRR 1904.2 (g) and reinstatement into the temporary release program after his application for participation in the temporary release program was denied. The record establishes that petitioner had participated in…