MERCER v. GOORD (1999)

Petitioner, an inmate at Attica Correctional Facility, applied for and was accepted into the facility's Family Reunion Program (FRP) pending his enrollment in a sex offender treatment program.   Petitioner commenced this CPLR article 78 proceeding seeking review of that determination.   We agree with Supreme Court that the decision of the facility to condition the acceptance of petitioner into the program upon participation in a recommended program based upon his criminal convictions was rational.   Participation in the FRP is a privilege, not a right, and acceptance into the program lies within the discretion of the prison authorities (see, 7 NYCRR 220.2;  Matter of Doe v. Coughlin, 71 N.Y.2d 48, 54-56, 523 N.Y.S.2d 782, 518 N.E.2d 536, rearg. denied 70 N.Y.2d 1002, 526 N.Y.S.2d 438, 521 N.E.2d 446, cert. denied 488 U.S. 879, 109 S.Ct. 196, 102 L.Ed.2d 166;  Matter of Oakknoll v. Coughlin, 101 A.D.2d 931, 932, 475 N.Y.S.2d 644).   Although petitioner had previously participated in the FRP at another correctional facility, he had no legitimate expectation of continued participation once he transferred to a new facility (see, 7 NYCRR 220.4[a] ).

Petitioner's remaining contention is without merit.

Judgment unanimously affirmed without costs.

MEMORANDUM: