PEOPLE EX REL. ADLER v. BEAVER


12 A.D.3d 1136 (2004)

785 N.Y.S.2d 226

THE PEOPLE OF THE STATE OF NEW YORK ex rel. TIMOTHY ADLER, Appellant, v. JOHN BEAVER, as Superintendent of Orleans Correctional Facility, et al., Respondents.

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

November 19, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner appeals from a judgment converting his petition for a writ of habeas corpus into a petition pursuant to CPLR article 78 and dismissing the petition. Although petitioner properly contends that there is a liberty interest in continued participation in a temporary release program, such as the work release program in which...

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