MATTER OF ROPER v. RECORE


222 A.D.2d 911 (1995)

635 N.Y.S.2d 755

In the Matter of Vernon Roper, Appellant, v. James F. Recore, as Director of Temporary Release, New York State Department of Corrections, Respondent

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

December 21, 1995


Petitioner, a prison inmate, challenges the July 1994 denial of his request to participate in a temporary work release program, contending that the denial was based on a misinterpretation of his criminal record. He argues that he should be given a new hearing to reconsider his request. Inasmuch as petitioner reapplied for participation in this program in May 1995, we find that his appeal is now moot. Nevertheless, were we to consider the merits, we would find that respondent...

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