Kiesel v. Recore

Appellate Division of the Supreme Court of New York

Kiesel v. Recore

217 A.D.2d 734, 628 N.Y.S.2d 1021, 1995 N.Y. App. Div. LEXIS 7621

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

DecidedJuly 6, 1995

StatusPublished

This text of 217 A.D.2d 734 (Kiesel v. Recore) 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

Kiesel v. Recore, 217 A.D.2d 734, 628 N.Y.S.2d 1021, 1995 N.Y. App. Div. LEXIS 7621 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a judgment of the Supreme Court (Spain, J.), entered August 3, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying petitioner’s request to participate in a temporary work release program.

Petitioner, a prison inmate, challenges the denial of his request to participate in a temporary work release program, claiming that he is both eligible and qualified for the program. Insofar as petitioner was denied participation due to a prior disciplinary determination founded upon abscondence, we do not find him to be eligible. Accordingly, we find that the administrative determination denying his request is rational [735]*735and should be upheld. We have considered petitioner’s other arguments and find them to be without merit.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Spain, J.), entered August 3, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying petitioner’s request to participate in a temporary work release program.

Petitioner, a prison inmate, challenges the denial of his request to participate in a temporary work release program, claiming that he is both eligible and qualified for the program. Insofar as petitioner was denied participation due to a prior disciplinary determination founded upon abscondence, we do not find him to be eligible. Accordingly, we find that the administrative determination denying his request is rational [735]*735and should be upheld. We have considered petitioner’s other arguments and find them to be without merit.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

217 A.D.2d 734, 628 N.Y.S.2d 1021, 1995 N.Y. App. Div. LEXIS 7621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiesel-v-recore-nyappdiv-1995.