Ashe v. Joy

Apeal from a judgment of the Supreme Court (Lynch, J), entered September 22, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his application to participate in a temporary work release program.

In December 2008, while he was incarcerated at Mohawk Correctional Facility in Oneida County, petitioner applied to participate in a temporary work release program. His application was denied based upon the serious nature of the crime he committed. The determination was subsequently upheld on…