Majority
p. 1036In the Matter of Oswaldo Gomez, Petitioner, v Carol Obot et al., Respondents.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner challenges respondents’ denial of his application to participate in the shock incarceration program at the Lake-view Shock Incarceration Correctional Facility. This matter was improperly transferred to this court because no hearing mandated by law was held herein (see, CPLR 7804 [g]). However, in the interest of judicial economy, we have reviewed petitioner’s contentions (see, CPLR 7804 [g]; Matter of Coleman v Kelly, 130 AD2d 976 , 977, affd 72 NY2d 850 ) and find them to be without merit. The Legislature has provided that partici
p. 1037
pation in the shock incarceration program is a privilege and that respondents have broad discretion to evaluate applicants (see, Correction Law § 867 [2], [5]). Petitioner’s application was denied because respondents determined that his conviction for criminal possession of a controlled substance in the second degree made him a danger to the community. That determination was not irrational and, therefore, it will not be disturbed (see generally, Matter of Young v Temporary Release Comm., 122 AD2d 606 , lv denied 68 NY2d 611 ). (Article 78 Proceeding Transferred by Order of Supreme Court, Chautauqua County, Ricotta, J.) Present—Dillon, P. J., Boomer, Green, Lowery and Davis, JJ.
Cases cited
- Coleman v. Kelly 72 NY2d 850 p. 1036