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IN THE MATTER OF EDWIN SANCHEZ, Appellant, v. JAMES F. RECORE, as Director of Temporary Release Programs, New York State Department of Correctional Ser

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 A.D.2d 833; Matter of Bruno v. Recore, 227 A.D.2d 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.

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MATTER OF SANCHEZ v. RECORE
(Jan 14, 1999)