Opinion
December 28, 2000.
Appeal from a judgment of the Supreme Court (La Buda, J.), entered April 7, 2000 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's application for temporary work release.
Before: Mercure, J.P., Crew III, Spain, Mugglin and Lahtinen, JJ.
Jose Ramos, Fallsburg, appellant in person.
Eliot Spitzer, Attorney-General (Patrick J. Walsh of counsel), New York City, for respondent.
MEMORANDUM AND ORDER
Petitioner's application for permission to participate in a temporary release program was denied based upon his lengthy criminal history spanning over 20 years, the seriousness of his current offense and his failure to benefit from his prior participation in a work release program. Supreme Court dismissed petitioner's CPLR article 78 proceeding challenging the determination and we affirm. Contrary to petitioner's contention, the record reveals that respondent considered petitioner's accomplishments while incarcerated and did not place excessive emphasis upon his criminal history or improperly consider his disability (see,Matter of Dixon v. Recore, 271 A.D.2d 778). Inasmuch as respondent's determination neither violated a statutory requirement nor a constitutional right and was not affected by irrationality bordering on impropriety (see, Matter of Sanchez v. Recore, 257 A.D.2d 835, 836;Matter of Peana v. Recore, 257 A.D.2d 862, 863; Matter of Williams v. Recore, 251 A.D.2d 833, 833-834), we conclude that the determination should not be disturbed.
ORDERED that the judgment is affirmed, without costs.