MATTER OF BELL v. RECORE


276 A.D.2d 983 (2000)

715 N.Y.S.2d 918

In the Matter of ALTON BELL, Appellant, v. JAMES RECORE, as Director of New York State Temporary Release Program, Department of Correctional Services, Respondent.

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

Decided October 26, 2000.


Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for temporary release because it was based, in part, upon improper consideration of a disciplinary determination which had been administratively reversed and expunged from petitioner's institutional record. Inasmuch as Supreme Court remanded the matter for a de novo hearing before the Temporary Release Committee, petitioner received all the relief to which he is entitled and, therefore...

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