Nieves v. Recore

Appeal from a judgment of the Supreme Court (Viscardi, J.), entered October 25, 1993 in Essex County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, seeking to compel restoration of petitioner to the Department of Correctional Services’ temporary release program.

Petitioner, an inmate in the State correctional system, was a participant in the temporary release program at Lincoln Correctional Facility in New York City in March 1993 when he failed to return to the facility at the conclusion of a work release furlough. He contends that his removal from the…