From Casetext: Smarter Legal Research

Matter of Young v. Temporary Release Comm

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1986
122 A.D.2d 606 (N.Y. App. Div. 1986)

Opinion

July 11, 1986

Appeal from the Supreme Court, Orleans County, Miles, J.

Present — Dillon, P.J., Callahan, Denman, Green and Pine, JJ.


Order unanimously reversed, on the law, and petition dismissed. Memorandum: Petitioner, while an inmate at the Albion Correctional Facility, was terminated from the work-release program for failing to report to her designated furlough residence and failing to observe her assigned curfew. Special Term erred in directing respondents to hold a new temporary release revocation hearing to allow petitioner to call witnesses on her behalf. The record reveals that petitioner failed to request any witnesses at the temporary release revocation hearing, or at the Superintendent's hearing which preceded it (see, 7 NYCRR 254.5 [a]; cf. 7 NYCRR 1904.2 [b]) and thereby waived her claim (see, Matter of Geddes v Wilmot, 111 A.D.2d 474, 475; Matter of Guzman v Coughlin, 90 A.D.2d 666; Matter of Hicks v LeFevre, 59 A.D.2d 423, 425-426). Accordingly, we need not reach petitioner's constitutional claims. We note, however, that participation in a temporary release program is a privilege (Correction Law § 855), and that the scope of judicial review is limited to whether respondents violated any statutory requirement or whether respondents' determination was affected by irrationality bordering on impropriety; we find neither is the case here (see, Matter of Gonzalez v Wilson, 106 A.D.2d 386).


Summaries of

Matter of Young v. Temporary Release Comm

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1986
122 A.D.2d 606 (N.Y. App. Div. 1986)
Case details for

Matter of Young v. Temporary Release Comm

Case Details

Full title:In the Matter of VANESSA D. YOUNG, Respondent, v. TEMPORARY RELEASE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 11, 1986

Citations

122 A.D.2d 606 (N.Y. App. Div. 1986)

Citing Cases

Quartararo v. Catterson

In addition, (a) the members of the temporary release committee are appointed by the Commissioner of the…

Mtr. of McNamara v. Coughlin

There is no express provision in the Correction Law for input into this decision-making process from the…