Opinion
May 2, 1996
Appeal from the Supreme Court, Albany County.
Petitioner, an inmate at Mt. McGregor Correctional Facility in Saratoga County, was denied participation in a temporary release program based upon his lengthy criminal history, the seriousness of his prior crimes, his commission of burglary while under parole supervision and his violation of a prior temporary release contract. He commenced this CPLR article 78 proceeding challenging this determination, which Supreme Court transferred to this Court for review.
Although this proceeding does not entail the review of an administrative determination made after an adjudicatory hearing and was improperly transferred by Supreme Court, we shall address the merits in the interest of judicial economy ( see, Matter of Citizens For An Orderly Energy Policy v. Cuomo, 159 A.D.2d 141, 151, n 2, affd 78 N.Y.2d 398).
Upon our review of the record, we find no reason to disturb the administrative determination. Participation in a temporary release program is a privilege ( see, Matter of Szucs v. Recore, 209 A.D.2d 803). Respondent's determination will not be set aside unless it violates a statutory requirement, denies a constitutional right or is affected by "`irrationality bordering on impropriety'" ( Matter of Walker v. LeFevre, 193 A.D.2d 982, 983). Given the factors considered by respondent in the case at hand, we do not find that the determination fits any of these criteria.
Mercure, J.P., Crew III, White, Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.