Kagan v. New York State Department of Corrections

Appeal from a judgment of the Supreme Court (Connolly, J.), entered July 3, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

While incarcerated, petitioner applied for admission to the temporary work release program and was approved, first by his prison facility’s Temporary Release Committee and then by the facility’s Superintendent. Respondent’s Central Office, however, disapproved petitioner’s application and his administrative appeal was unsuccessful. Petitioner thereafter commenced this CPLR article 78 proceeding seeking, among other…