Matter of Heath v. N.Y. State Div. of Parole

Full title: In the Matter of GEORGE HEATH, Appellant, v. NEW YORK STATE DIVISION OF…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 28, 1994

201 A.D.2d 732 (N.Y. App. Div. 1994)

608 N.Y.S.2d 308

Opinion

February 28, 1994

Appeal from the Supreme Court, Dutchess County (Amodeo, J.).

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

Since the petitioner has failed to make a convincing showing that the New York State Division of Parole did not act properly in accordance with the statutory requirements, the determination denying him parole is not subject to judicial review (see, Executive Law § 259-i; Matter of Gonzalez v. Rodriguez, 135 A.D.2d 633; Matter of Davis v. New York State Div. of Parole, 114 A.D.2d 412). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.