Opinion
April 17, 1995
Appeal from the Supreme Court, Westchester County (Scarpino, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly dismissed the petition because the discretionary decision of the New York State Board of Parole (hereinafter the Board) denying parole release to the petitioner, when made in accordance with the law, is not subject to judicial review (see, Executive Law § 259-i; Matter of Hall v New York State Executive Dept., 188 A.D.2d 791; Matter of Rock v New York State Bd. of Parole, 124 A.D.2d 804). The petitioner's contention that the Board failed to overcome the presumption in favor of his release based upon the issuance of a certificate of earned eligibility is meritless in light of the fact that the Board specifically found that there was a reasonable probability that the petitioner, if released, will not remain at liberty without violating the law, and that his release would not be compatible with the welfare of society (see, Matter of Salcedo v Ross, 183 A.D.2d 771). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.