Boustani v. Goord

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered October 31, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for lack of jurisdiction.

Petitioner, a Cuban citizen and lawful permanent resident of this country who is incarcerated at Altona Correctional Facility in Clinton County, commenced this CPLR article 78 proceeding after his application to participate in the temporary release program (see Correction Law § 851 [9]) was canceled because an Immigration and Naturalization Service detainer had been issued against him.…