MATTER OF HERBER v. JOY


61 A.D.3d 1142 (2009)

876 N.Y.S.2d 555

In the Matter of JEFFREY HERBER, Appellant, v. DEBRA JOY, as Director of Temporary Release Programs, Respondent.

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

Decided April 9, 2009.


Petitioner, a financial services provider, was convicted in 2004 of two counts of grand larceny in the second degree based upon his misappropriation of client funds, and he was sentenced to consecutive prison terms of 3 to 9 years. Petitioner's subsequent application for participation in a temporary release program was denied based upon the nature of the underlying offense. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding...

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