Rivera v. State

Appeal from an order of the Court of Claims (Lyons, J.), entered May 4, 1989, which granted the State’s motion to dismiss the claim for failure to state a cause of action.

Pursuant to statutory authority, the Department of Correctional Services has promulgated regulations governing the eligibility of inmates to participate in temporary release programs, which include leaves of absence to make deathbed *886visits (see, Correction Law §§ 113, 852; 7 NYCRR parts 1900, 1901). However, such participation is a privilege and not a right (Correction Law § 851 [6]; § 855 [9]). Therefore, the Court of…