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AYBAR v. WATKINS

514567.

105 A.D.3d 1227 (2013)

962 N.Y.S.2d 919

2013 NY Slip Op 2620

In the Matter of ANGEL AYBAR, Appellant, v. DEBORAH WATKINS, as Deputy Superintendent for Programs, Respondent.

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

Decided April 18, 2013.

Petitioner commenced this CPLR article 78 proceeding to challenge the denial of his application to participate in the shock incarceration program (see Correction Law § 867 [2]; 7 NYCRR 1800.3 [c]). "Participation in the shock incarceration program shall be a privilege," however, not a right (Correction Law § 867 [5]; see People v Providence, 14 A.D.3d 884, 885 [2005], lv denied 4 N.Y.3d 856...

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