Opinion
October 13, 1998
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the notice of appeal from the order is deemed an application for leave to appeal, and leave to appeal is granted; and it is further,
Ordered that the order is reversed, on the law, without costs or disbursements, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.
Contrary to the conclusion of the Supreme Court, we find no basis to conclude that the New York State Division of Parole failed to duly consider the criteria set forth in Executive Law § 259-i (2) (c) in reaching its determination to deny the petitioner release to parole supervision ( see, Matter of King v. New York State Div. of Parole, 83 N.Y.2d 788).
Mangano, P. J., Rosenblatt, Ritter and Altman, JJ., concur.