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IN THE MATTER OF LAPETINA v. FISCHER

507843.

2010 NY Slip Op 06326

IN THE MATTER OF FRANK LAPETINA, Appellant, v. BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONAL SERVICES, ET AL., Respondents.

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

Decided August 5, 2010.

Attorney(s) appearing for the Case

Frank Lapetina, Hudson, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondents.

Before: Mercure, J.P., Spain, Lahtinen, Kavanagh and Egan Jr., JJ.

MEMORANDUM AND ORDER

Petitioner, a prison inmate, applied to participate in a temporary release program and his application was approved by the facility's Temporary Release Committee. However, it was thereafter denied by a reviewer for the Department of Correctional Services. On administrative appeal, respondent Commissioner of Correctional Services (hereinafter respondent) upheld that determination, after which petitioner commenced this CPLR article 78 proceeding...

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