Kelly v. Joy

Appeal from a judgment of the Supreme Court (Cahill, J.), entered February 26, 2008 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review two determinations of respondent Director of Temporary Release Programs denying petitioner’s applications to participate in temporary release programs.

Petitioner was convicted of a number of theft-related crimes in 1999 and is currently incarcerated. He commenced this CPLR article 78 proceeding seeking to challenge two determinations of respondent Director of Temporary Release Programs rendered in…