Opinion
November 10, 1994
Appeal from the Supreme Court, Albany County (Torraca, J.).
Petitioner challenges respondent's denial of his request for permission to participate in a temporary release program from prison. Our review of the record reveals, however, that petitioner has not established that respondent's denial violated any laws or deprived petitioner of any constitutional right. Moreover, in light of the serious and violent nature of petitioner's criminal history, we cannot conclude that denial of his request was irrational. While petitioner may be eligible for temporary release consideration, he is not conclusively entitled to it. Petitioner's remaining contentions, including his claim that respondent violated applicable statutory and regulatory requirements, have been examined and found to be without merit.
Mikoll, J.P., Crew III, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.