Opinion
September 14, 1998
Appeal from the Supreme Court, Kings County, (Duberstein, J.).
Adjudged that the petition is granted, on the law, without costs or disbursements, and the respondent is prohibited from enforcing the order dated December 11, 1997.
Justice Rivera improperly directed the petitioner Commissioner of the New York State Office of Mental Health (hereinafter the Commissioner) to allow the respondent Leon Reed unescorted furloughs. Although Reed asserted that the Director of Forensic Services (hereinafter the Director) has approved such furloughs pursuant to the authority delegated to him by the Commissioner ( see, CPL, 330.20; Matter of Albert F. v. Stone, 169 Misc.2d 838; 14 N.Y.CRR part 541), the record is devoid of any evidence of such approval by the Director.
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.