MATTER OF SANCHEZ v. RECORE

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.