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MATTER OF ERDHEIM v. DILLARD

290 A.D.2d 642 (2002)

736 N.Y.S.2d 142

In the Matter of MICHAEL ERDHEIM, Appellant, v. GILBERT DILLARD, as Chair of the Temporary Release Committee, Fishkill Correctional Facility, Respondent.

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

Decided January 3, 2002.

Peters, J.

As the result of a sentence imposed upon his conviction in December 1994, petitioner is currently serving an aggregate indeterminate prison term of 10 to 20 years. In July 2000, petitioner applied to participate in a temporary release program and his application was denied on the ground that he was not eligible to participate in such a program. After exhausting his administrative remedies, petitioner commenced this CPLR article 78 proceeding to challenge...

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