Appellate Division of the Supreme Court of the State of New York February 27, 2014 (Harrell v. Fischer)

Appeal from a judgment of the Supreme Court (Devine, J.), entered December 5, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner sought to commence a CPLR article 78 proceeding challenging the denial of his participation in a temporary release program.