Opinion
June 18, 1998
Appeal from the Supreme Court (Donohue, J.).
Petitioner, a prison inmate, applied for permission to participate in an industrial training leave as part of a temporary release program. The application was denied because of his refusal to participate in an alcoholic substance abuse treatment program. Petitioner administratively appealed that determination, which was denied on several grounds including the serious nature of petitioner's crimes, his criminal history and parole violations, his refusal to participate in an alcohol treatment program and the negative impact of his offense upon the community. Supreme Court dismissed petitioner's subsequent application for CPLR article 78 review and this appeal ensued. We affirm.
Because an inmate's participation in a temporary release program is a privilege and not a right ( see, Correction Law § 855 Correct. [9]), our review is limited to determining whether the denial of the privilege "violated any positive statutory requirement or denied a constitutional right of the inmate and whether [it] is affected by irrationality bordering on impropriety" ( Matter of Gonzalez v. Wilson, 106 A.D.2d 386, 386-387; see, Matter of Lee v. Recore, 243 A.D.2d 796). Petitioner has not established that the denial of his application was affected by a statutory or constitutional violation. Moreover, we find that the denial of his application was amply supported by those factors relied upon by respondent. We have examined petitioner's remaining contentions and find them to be lacking in merit.
Mikoll, J. P., Crew III, White, Spain and Carpinello, JJ., concur.
Ordered that the judgment is affirmed, without costs.