Roucchio v. Coughlin

• Decision Date: 17 October 1994
• Citation: 208 A.D.2d 749,618 N.Y.S.2d 548
• Parties: In the Matter of Ronald ROUCCHIO, Appellant, v. Thomas A. COUGHLIN, III, etc., Respondent.
• Court: New York Supreme Court — Appellate Division

Page 548

618 N.Y.S.2d 548

208 A.D.2d 749

In the Matter of Ronald ROUCCHIO, Appellant, v. Thomas A. COUGHLIN, III, etc., Respondent.

Supreme Court of New York, Appellate Division,

Second Department.

Oct. 17, 1994.

Ronald Roucchio, appellant pro se.

G. Oliver Koppell, Atty. Gen., New York City (Charles C. Davis, Jr., and Burton Herman, of counsel), for respondent.

In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services, dated October 26, 1991, which removed the petitioner from a work-release program, the appeal is from a judgment of the Supreme Court, Queens County (Friedmann, J.), dated April 12, 1993, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, without costs or disbursements.

The petitioner failed to establish that the respondent violated any statutory requirement or denied his constitutional rights in reaching his determination (see, Correction Law § 855[9]. Nor was that determination affected by irrationality. Thus, the Supreme Court properly dismissed the petition (see, Matter of Young v. Temporary Release Comm., 122 A.D.2d 606, 505 N.Y.S.2d 279; Matter of Gonzalez v. Wilson, 106 A.D.2d 386, 482 N.Y.S.2d 302).

We have considered the petitioner's remaining contention and find it to be without merit (see, CPLR 7804[g].

BRACKEN, J.P., and LAWRENCE, SANTUCCI and GOLDSTEIN, JJ., concur.