Opinion
February 21, 1995
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
On appeal, the petitioner contends that the determination of the New York State Board of Parole (sued herein as the New York State Department of Parole) to revoke his parole and incarcerate him for 48 months was arbitrary and capricious because he needs in-patient treatment for his alcoholism, not incarceration (see, Matter of Telefarro v. Hammock, 84 A.D.2d 790). The decisions of the Board of Parole are discretionary, and if made in accordance with the statutory requirements, such determinations are not subject to judicial review (see, Executive Law § 259-i; Matter of Augle v. New York State Bd. of Parole, 192 A.D.2d 1031). We find that the 48-month period of incarceration imposed by the Board of Parole was not improper given the petitioner's criminal record and prior parole violations (see, Matter of Augle v. New York State Bd. of Parole, supra). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.