Jandelli v. Coughlin

Appeal from a judgment of the Supreme Court (Hughes, J.), entered September 15, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services denying petitioner’s request to participate in a temporary work release program.

Petitioner, a prison inmate convicted of the crime of murder in the second degree, was denied participation in a temporary work release program because amendments to Correction Law § 851 made him statutorily ineligible (L 1994, ch 60, § 42). Given…