Rivera v. State

Full title: FERNANDO RIVERA, Appellant, v. STATE OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 10, 1991

169 A.D.2d 885 (N.Y. App. Div. 1991)

564 N.Y.S.2d 816

Opinion

January 10, 1991

Appeal from the Court of Claims (Lyons, J.).

Pursuant to statutory authority, the Department of Correctional Services has promulgated regulations governing the eligibility of inmates to participate in temporary release programs, which include leaves of absence to make deathbed visits (see, Correction Law §§ 113, 852; 7 N.Y.CRR parts 1900, 1901). However, such participation is a privilege and not a right (Correction Law § 851; § 855 [9]). Therefore, the Court of Claims properly determined that the refusal to grant claimant leave to visit his mother prior to her death could not form a basis for a claim against the State (see, People ex rel. Feliciano v Waters, 99 A.D.2d 850).

Order affirmed, without costs. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.