Justice Donna Mills

Inmate Dombroff sought to nullify New York State Department of Corrections and Community Supervision Commissioner’s denial of his work release removal. He sought to compel respondents to reinstate him into the temporary release program. Respondents cross-moved for dismissal of the petition alleging the court lacked personal jurisdiction and the proceeding was time-barred. Dombroff was granted work release in 2007 and participated in the program until respondents removed him in 2011. At a hearing before the Temporary Release Committee, they recommended removing Dombroff alleging he committed fraud, stating such behavior was “unsuitable and contradictory” to the temporary release rules and regulations. Dombroff appealed the determination denying the allegation of fraud and arguing he was not afforded a fair hearing. The court found respondents’ assertion the statute of limitations began to run on the date the termination was issued, without more, was insufficient, stating no evidence existed the final order was timely mailed to Dombroff, who denied receipt of it. Therefore, the court denied respondents’ lack of jurisdiction and statute of limitations claim.