Opinion
October 31, 1994
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
We find that the Supreme Court properly dismissed the proceeding because discretionary decisions of the New York State Board of Parole, when made in accordance with the law, are not judicially reviewable (see, Executive Law § 259-i; Matter of Hall v. New York State Executive Dept., Div. of Parole, 188 A.D.2d 791; Matter of Rock v. New York State Bd. of Parole, 124 A.D.2d 804). The Board based its determination upon the serious nature of the crimes for which the petitioner was incarcerated and his prior criminal record, which are sufficient grounds to deny parole release (see, Executive Law § 259-i [a]; [2] [c]; Matter of King v. New York State Div. of Parole, 83 N.Y.2d 788; Matter of Hall, supra; Matter of Sinopoli v. New York State Bd. of Parole, 189 A.D.2d 960; People ex rel. Yates v. Walters, 111 A.D.2d 839). Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.