Lapetina v. Fischer

Appeal from a judgment of the Supreme Court (Teresi, J.), entered July 27, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commis*723sioner of Correctional Services denying his application to participate in a temporary release program.

Petitioner, a prison inmate, applied to participate in a temporary release program and his application was approved by the facility’s Temporary Release Committee. However, it was thereafter denied by a reviewer for the Department of Correctional Services. On…