Matter of Carrion v. N.Y. State Bd. of Parole

Full title: In the Matter of JOSE CARRION, Appellant, v. NEW YORK STATE BOARD OF…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 19, 1994

210 A.D.2d 403 (N.Y. App. Div. 1994)

620 N.Y.S.2d 420

Opinion

December 19, 1994

Appeal from the Supreme Court, Dutchess County (Pagones, J.).

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the petition because such 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., 188 A.D.2d 791; Matter of Davis v New York State Div. of Parole, 114 A.D.2d 412). The Board based its determination upon the extraordinarily serious and heinous nature of the crime for which the petitioner was incarcerated, which is a sufficient ground to deny parole release (see, Executive Law § 259-i [c]; Matter of King v New York State Div. of Parole, 83 N.Y.2d 788, 790; People ex rel. Thomas v Superintendent, 124 A.D.2d 848, 849). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.