IN RE: William HYMAN (2005)

Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered November 26, 2004, which dismissed the petition brought pursuant to CPLR article 78 to annul a determination of respondent New York State Division of Parole denying petitioner's application for conditional release, unanimously affirmed, without costs.

 The Department of Correctional Services is not a proper party to this proceeding since it does not set the conditions for an inmate's release (see Executive Law § 259-c[2] ).

 Petitioner has no federal or state constitutional right to be released from prison before serving his full sentence due to expire in 2010 (see Matter of M.G. v. Travis, 236 A.D.2d 163, 167, 667 N.Y.S.2d 11 [1997], lv. denied 91 N.Y.2d 814, 676 N.Y.S.2d 127, 698 N.E.2d 956 [1998] ).   The special conditions imposed by the Division for petitioner's release, designed to reduce the opportunities for petitioner, a convicted sex offender who raped a minor while on conditional release from prison, to relapse into sexual misconduct, constituted a proper exercise of discretion (see id. at 167-168, 667 N.Y.S.2d 11;  and see Matter of Wright v. Travis, 297 A.D.2d 842, 746 N.Y.S.2d 850 [2002] ).

We have considered petitioner's remaining contentions and find them unavailing.