Opinion

Carrion v. New York State Board of Parole

  • 210 A.D.2d 403
  • 620 N.Y.S.2d 420
  • 1994 N.Y. App. Div. LEXIS 12839
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 19, 1994
Status
Published
Cited by
6 cases
Authority
More cited than 69.8%

The opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole, dated December 8, 1992, which, after a hearing, denied the petitioner’s request for parole, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Pagones, J.), entered September 17, 1993, which, inter alia, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the petition because such discretionary decisions of the New York State Board of *404 Parole, when made in accordance with the law, are not judicially reviewable (see, Executive Law § 259-i [5]; Matter of Hall v New York State Executive Dept., 188 AD2d 791 ; Matter of Davis v New York State Div. of Parole, 114 AD2d 412 ). The Board based its determination upon the extraordinarily serious and heinous nature of the crime for which the petitioner was incarcerated, which is a sufficient ground to deny parole release (see, Executive Law § 259-i [2] [c]; Matter of King v New York State Div. of Parole, 83 NY2d 788, 790 ; People ex rel. Thomas v Superintendent, 124 AD2d 848, 849 ). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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