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MATTER OF KELLY v. JOY

64 A.D.3d 1009 (2009)

881 N.Y.S.2d 913

In the Matter of PATRICK KELLY, Appellant, v. DEBRA JOY, as Director of Temporary Release Programs, et al., Respondents.

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

Decided July 16, 2009.

Petitioner was convicted of a number of theft-related crimes in 1999 and is currently incarcerated. He commenced this CPLR article 78 proceeding seeking to challenge two determinations of respondent Director of Temporary Release Programs rendered in 2007 denying his requests to participate in temporary release programs. Supreme Court dismissed the petition and this appeal ensued.

The Attorney General has advised that, since the commencement of the instant proceeding...

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