Opinion
May 8, 1978
In a proceeding pursuant to CPLR article 78, inter alia, to compel the New York State Board of Parole to grant petitioner his release on parole, the appeal is from a judgment of the Supreme Court, Dutchess County, dated August 16, 1977, which denied the application. Judgment affirmed, without costs or disbursements. The Board of Parole considered not only the offenses giving rise to petitioner's incarceration, but also his prior prison record and the "prior court action of probation" (see Matter of Consilvio v New York State Bd. of Parole, 57 A.D.2d 955; Matter of Eckhart v Bombard, 59 A.D.2d 783). Hopkins, J.P., Latham, Damiani and Suozzi, JJ., concur.