Nicholas v. Pataki

Appeal from a judgment of the Supreme Court (Cobb, J.), entered March 21, 1996 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent Commissioner of Correctional Services to consider petitioner’s request to participate in an educational leave program.

Petitioner was an inmate at Woodbourne Correctional Facility in Sullivan County when his application for educational leave, enabling him to pursue his college studies outside the confines of the facility, was rejected on the ground that petitioner was ineligible under 7 NYCRR…