Cody v. Pataki

Appeal from a judgment of the Supreme Court (Stein, J.), entered December 27, 2004 in Greene County, which dismissed petitioner’s application, in a proceeding pursuant to *1059CPLR article 78, to compel respondent Commissioner of Correctional Services to permit petitioner to participate in a temporary release program.

Petitioner is currently serving a sentence of 20 years to life imposed upon his conviction of the crime of murder in the second degree. With a history of domestic violence and alcohol abuse, he applied to participate in a chemical dependency/ domestic violence program. His application…