Opinion
2002-06093
Argued May 30, 2003.
June 23, 2003.
In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole dated June 7, 2001, denying the petitioner a discharge from parole, the New York State Division of Parole and Brion D. Travis appeal from an order of the Supreme Court, Kings County (Knipel, J.), dated May 24, 2002, which vacated the determination and directed the New York State Division of Parole to reconsider an application for discharge within 30 days.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and David Axinn of counsel), for appellants.
Beldock Levine Hoffman, LLP, New York, N.Y. (Myron Beldock and Vera M. Scanlon of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., ROBERT W. SCHMIDT, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that on the court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.
The discretionary determination of the New York State Division of Parole to deny the petitioner a discharge from parole was made in accordance with the law and, therefore, is not subject to judicial review (see Matter of Gallo v. Travis, 245 A.D.2d 448; see also People ex rel. Lord Organic Allah v. New York State Bd. of Parole, 158 A.D.2d 328, 329; cf. Matter of Romer v. Travis, 299 A.D.2d 553, lv denied 99 N.Y.2d 508; Matter of Almeyda v. New York State Div. of Parole, 290 A.D.2d 505; Matter of Thomas v. New York State Div. of Parole, 286 A.D.2d 393, 394; Matter of Silmon v. Travis, 266 A.D.2d 296).
FEUERSTEIN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.