Petitioner Request for Temporary Release Program Denied
In the Matter of Frank Lapetina v Brian Fischer, as Commissioner of Correctional Services, et al.
Pursuant to Article 78, petitioner sought to appeal a decision by the respondent rejecting his request to partake in a temporary release program.
Petitioner is a prison inmate, who applied to partake in a temporary release program. The facility’s Temporary Release Committee approved his request. However, upon review by the Department of Correctional Services, it was denied. The respondent upheld the decision on administrative appeal. Therefore, the petitioner initiated this Article 78 proceeding, which was denied by the Supreme Court and led to the petitioner appealing.
The Supreme Court affirmed the decision stating that partaking in a temporary release program is not a right, but a privilege. The petitioner was not suitable for the program because of the nature of his crimes committed and his recidivist history.
The court order that the judgment is affirmed without costs.
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