Jones v. Kennedy

Levine, J. (concurring in part and dissenting in part).

We are in accord with the majority’s holding that, under the circumstances presented here, Special Term could properly consider the merits of petitioner’s application on the motion to dismiss without awaiting joinder of issue. However, we disagree with the majority insofar as it upholds respondents’ determination barring petitioner from reapplying for temporary release for a period of one year.

It is true, as the majority notes, that participation in the temporary release program is statutorily denominated a privi*630lege and not a right…