Erdheim v. Dillard

Appeal from a judgment of the Supreme Court (Kane, J.), entered June 18, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his request to participate in a temporary release program.

As the result of a sentence imposed upon his conviction in December 1994, petitioner is currently serving an aggregate indeterminate prison term of 10 to 20 years. In July 2000, petitioner applied to participate in a temporary release program and his application was denied on the ground that he was not…