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In the Matter of STEPHAN SZUCS, Appellant, v. JAMES RECORE, as Temporary Release Committee Director, Respondent.

Based on the evidence presented, which included information that petitioner had made repeated threats against his family, it was not irrational for respondent to rescind petitioner's prior approval to participate in the temporary release program. Because temporary release is a discretionary program and a privilege, petitioner had no due process entitlement to continued participation in the program. Any remaining contentions raised by petitioner have been considered and found to be lacking in merit.

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

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MATTER OF SZUCS v. RECORE
(Nov 10, 1994)