Opinion
Submitted December 8, 1999
February 10, 2000
In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole, dated April 15, 1998, which denied his request to be released on parole, the petitioner appeals from a judgment of the Supreme Court, Orange County (Murphy, J.), dated March 10, 1999, which denied the petition and dismissed the proceeding.
Rafael Almeyda, Warwick, N.Y., appellant pro se.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Robert A. Forte and Mary Lynn Nicolas of counsel), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
The respondent acted in accordance with statutory requirements. Accordingly, the discretionary denial of parole is not subject to judicial review (see, Executive Law § 259-i Exec.[5]; Matter of Bouknight v. Russi, 242 A.D.2d 329 ; Matter of Heitman v. New York State Bd. of Parole, 214 A.D.2d 673 ; Matter of Hall v. New York State Executive Dept. Div. of Parole, 188 A.D.2d 791 ). The petitioner's remaining contentions are without merit.