McGee v. Recore

—Appeal from a judgment of the Supreme Court (LaBuda, J.), entered March 3, 2000 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s application for temporary release.

Petitioner, a prison inmate, applied to participate in a temporary release program. Although noting petitioner’s positive disciplinary history, his application for participation in the temporary release program was nevertheless denied based upon his three felony convictions, his history of recidivism and his…