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In the Matter of STEVEN ROSATI, Appellant, v. L.B. GRENIS, as Chairman of the Temporary Release Committee, Respondent.

In a proceeding pursuant to CPLR article 78 by an inmate of the Green Haven Correctional Facility to review respondent's denial of his request for a furlough, he appeals from a judgment of the Supreme Court, Dutchess County, dated February 18, 1975, which dismissed the petition. Judgment affirmed, without costs. Absent a violation by respondent of a positive statutory requirement, or a denial of any constitutional rights, a refusal to release a prisoner on furlough is not judicially reviewable (cf. People v Pierre, 34 A.D.2d 1000). Hopkins, Acting P.J., Latham, Margett, Christ and Shapiro, JJ., concur.

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MATTER OF ROSATI v. GRENIS
(Dec 8, 1975)