Vulpis v. Department of Correction

OPINION OF THE COURT

James H. Shaw, Jr., J.

In this proceeding under CPLR article 78 in the nature of *626mandamus, petitioner seeks to compel respondent to permit him "to choose a date to be released and to be actually released for petitioner’s already approved furlough”.

On April 20, 1991, petitioner applied for temporary release. On May 28, 1991, the Temporary Release Committee at Mid-Orange Correctional and the superintendent approved the application. On June 11, 1991, the Parole Board denied petitioner’s request for parole, and declared petitioner ineligible for parole for an additional 24…