Sanchez v. Recore — 257 A.D.2d 835

Majority

p. 835

In the Matter of Edwin Sanchez, Appellant, v James F. Recore, as Director of Temporary Release Programs, New York State Department of Correctional Services, Respondent.

[684 NYS2d 9]

—Appeal from a judgment of the Supreme Court (Williams, J.), entered December 23, 1997 in Albany County, which dismissed petitioner’s application, in a proceeding pur

p. 836

suant to CPLR article 78, to review a determination of respondent which denied petitioner’s request to participate in a temporary release program.

Although noting petitioner’s clean disciplinary record and participation in a substance abuse program, petitioner’s application for permission to participate in a temporary release program was nevertheless denied based upon, inter alia, his history of recidivism, his failure to previously adhere to work release rules and the fact that petitioner’s current drug-related offense was perpetrated while he was on parole. Supreme Court dismissed petitioner’s application for CPLR article 78 review and this appeal ensued. We affirm. Inasmuch as participation in a temporary release program is a privilege and respondent’s determination neither violated a statutory requirement or constitutional right nor was it affected by irrationality bordering on impropriety (see, Matter of Williams v Recore, 251 AD2d 833 ; Matter of Bruno v Recore, 227 AD2d 709 , 709-710), we find no reason to disturb it.

Cardona, P. J., Mikoll, Mercure, Crew III and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

Cases cited

Williams v. Recore 251 AD2d 833 N.Y. App. Div. 1998-06-18 p. 836
Bruno v. Recore 227 AD2d 709 N.Y. App. Div. 1996-05-02 at 709-710 p. 836