Aybar v. Watkins

Appellate Division of the Supreme Court of New York

Aybar v. Watkins

105 A.D.3d 1227, 962 N.Y.S.2d 919

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 2013

StatusPublished

This text of 105 A.D.3d 1227 (Aybar v. Watkins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aybar v. Watkins, 105 A.D.3d 1227, 962 N.Y.S.2d 919 (N.Y. Ct. App. 2013).

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Opinion

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered April 20, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision denying petitioner’s application to participate in the shock incarceration program.

Petitioner commenced this CPLR article 78 proceeding to challenge the denial of his application to participate in the shock incarceration program (see Correction Law § 867 [2]; 7 NYCRR 1800.3 [c]). “Participation in the shock incarceration program shall be a privilege,” however, not a right (Correction Law § 867 [5]; see People v Providence, 14 AD3d 884, 885 [2005], lv denied 4 NY3d 856 [2005]; Matter of Gomez v Obot, 170 AD2d 1036, 1037 [1991], lv denied 78 NY2d 856 [1991]). Inasmuch as petitioner is incarcerated due to his efforts to sell several kilograms of cocaine, we agree with Supreme Court that the denial of his application was rational (see Matter of Gomez v Obot, 170 AD2d at 1037). His remaining arguments have been examined and found to lack merit.

Peters, PJ., Lahtinen, McCarthy and Garry, JJ., concur.

Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered April 20, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision denying petitioner’s application to participate in the shock incarceration program.

Petitioner commenced this CPLR article 78 proceeding to challenge the denial of his application to participate in the shock incarceration program (see Correction Law § 867 [2]; 7 NYCRR 1800.3 [c]). “Participation in the shock incarceration program shall be a privilege,” however, not a right (Correction Law § 867 [5]; see People v Providence, 14 AD3d 884, 885 [2005], lv denied 4 NY3d 856 [2005]; Matter of Gomez v Obot, 170 AD2d 1036, 1037 [1991], lv denied 78 NY2d 856 [1991]). Inasmuch as petitioner is incarcerated due to his efforts to sell several kilograms of cocaine, we agree with Supreme Court that the denial of his application was rational (see Matter of Gomez v Obot, 170 AD2d at 1037). His remaining arguments have been examined and found to lack merit.

Peters, PJ., Lahtinen, McCarthy and Garry, JJ., concur.

Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

105 A.D.3d 1227, 962 N.Y.S.2d 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aybar-v-watkins-nyappdiv-2013.

Opinion

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