IN RE: Edwin SANCHEZ (1999)

Appeal from a judgment of the Supreme Court (Williams, J.), entered December 23, 1997 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which denied petitioner's request to participate in a temporary release program.

Although noting petitioner's clean disciplinary record and participation in a substance abuse program, petitioner's application for permission to participate in a temporary release program was nevertheless denied based upon, inter alia, his history of recidivism, his failure to previously adhere to work release rules and the fact that petitioner's current drug-related offense was perpetrated while he was on parole.   Supreme Court dismissed petitioner's application for CPLR article 78 review and this appeal ensued.   We affirm.   Inasmuch as participation in a temporary release program is a privilege and respondent's determination neither violated a statutory requirement or constitutional right nor was it affected by irrationality bordering on impropriety (see, Matter of Williams v. Recore, 251 A.D.2d 833, 675 N.Y.S.2d 383;  Matter of Bruno v. Recore, 227 A.D.2d 709, 709-710, 642 N.Y.S.2d 94), we find no reason to disturb it.

ORDERED that the judgment is affirmed, without costs.

MEMORANDUM DECISION.