Opinion
February 1, 1991
Appeal from the Supreme Court, Chautauqua County, Ricotta, J.
Present — Dillon, P.J., Boomer, Green, Lowery and Davis, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner challenges respondents' denial of his application to participate in the shock incarceration program at the Lake-view Shock Incarceration Correctional Facility. This matter was improperly transferred to this court because no hearing mandated by law was held herein (see, CPLR 7804 [g]). However, in the interest of judicial economy, we have reviewed petitioner's contentions (see, CPLR 7804 [g]; Matter of Coleman v Kelly, 130 A.D.2d 976, 977, affd 72 N.Y.2d 850) and find them to be without merit. The Legislature has provided that participation in the shock incarceration program is a privilege and that respondents have broad discretion to evaluate applicants (see, Correction Law § 867, [5]). Petitioner's application was denied because respondents determined that his conviction for criminal possession of a controlled substance in the second degree made him a danger to the community. That determination was not irrational and, therefore, it will not be disturbed (see generally, Matter of Young v Temporary Release Comm., 122 A.D.2d 606, lv denied 68 N.Y.2d 611).