MATTER OF KELLY v. SCULLY


152 A.D.2d 698 (1989)

In the Matter of Michael Kelly, Respondent, v. Charles J. Scully, as Superintendent of Green Haven Correctional Facility, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 24, 1989


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

The petitioner, an inmate at the Green Haven Correctional Facility, commenced the instant CPLR article 78 proceeding to review the denial of his application for a medical leave of absence to attend a cardiac rehabilitation program under the temporary release program (Correction Law § 851 et seq.). The petitioner failed, however, to personally...

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