MATTER OF ASHE v. JOY

507881.

73 A.D.3d 1255 (2010)

899 N.Y.S.2d 678

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

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

Decided May 6, 2010.


In December 2008, while he was incarcerated at Mohawk Correctional Facility in Oneida County, petitioner applied to participate in a temporary work release program. His application was denied based upon the serious nature of the crime he committed. The determination was subsequently upheld on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging the determination. Following service of respondent's answer, Supreme Court dismissed the...

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