Opinion
July 1, 2005.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered March 19, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
Present: Hurlbutt, J.P., Scudder, Kehoe, Gorski and Pine, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Contrary to the contention of petitioner, Supreme Court properly dismissed his CPLR article 78 petition seeking to annul determinations denying his applications for participation in a temporary release program. Pursuant to Correction Law § 855 (9), an inmate's participation in a temporary release program is a privilege, not a right ( see Matter of Pena v. Roberts, 15 AD3d 707, 708; Matter of Caban v. New York State Dept. of Correctional Servs., 308 AD2d 661, 662; Matter of Wallman v. Joy, 304 AD2d 996, 997; Matter of Dixon v. Recore, 271 AD2d 778; Matter of Peana v. Recore, 257 AD2d 862, 863; Matter of Dixon v. Struna, 244 AD2d 827, lv denied 91 NY2d 810). In reviewing the determinations denying petitioner's applications herein, the court properly concluded that the determinations did not "`violate any positive statutory requirement or den[y] a constitutional right of [petitioner, nor were the determinations] . . . affected by irrationality bordering on impropriety'" ( Peana, 257 AD2d at 863; see Caban, 308 AD2d at 662-663; Wallman, 304 AD2d at 997; Matter of Lee v. Recore, 243 AD2d 796; Matter of Gonzalez v. Wilson, 106 AD2d 386).