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MATTER OF JOHNSON v. RECORE

284 A.D.2d 692 (2001)

726 N.Y.S.2d 303

In the Matter of LYNDON C. JOHNSON, Appellant, v. JAMES RECORE, as Temporary Release Committee Chairman of the New York State Department of Correctional Services, Respondent.

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

Decided June 14, 2001.

Petitioner, serving a sentence for attempted murder in the second degree, applied for permission to participate in an industrial training leave as part of a temporary release program. The application was denied as the offense for which petitioner is incarcerated renders him ineligible to participate in such program (see, 7 NYCRR 1900.4 [c] [1] [ii]; [3]). Supreme Court dismissed the CPLR article 78 proceeding to review that determination and we affirm.

Inasmuch...

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