Aybar v. Watkins

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered April 20, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision denying petitioner’s application to participate in the shock incarceration program.

Petitioner commenced this CPLR article 78 proceeding to challenge the denial of his application to participate in the shock incarceration program (see Correction Law § 867 [2]; 7 NYCRR 1800.3 [c]). “Participation in the shock incarceration…