Opinion
October 21, 1991
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, the judgment is reinstated, and the proceeding is dismissed.
It is well settled that the New York State Board of Parole's release decisions are discretionary, and if made in accordance with statutory requirements, its decisions are not subject to judicial review (see, People ex rel. DiCostanzo v. Hernandez, 137 A.D.2d 861; Matter of Samperi v. Rodriquez, 126 A.D.2d 653; Matter of Davis v. New York State Div. of Parole, 114 A.D.2d 412).
The reasons stated for denying parole release to the petitioner, particularly that the petitioner's release continues to be incompatible with the welfare of the community, satisfied statutory requirements (Executive Law § 259-i [c]; People ex rel. DiCostanzo v. Hernandez, supra). Accordingly, the Supreme Court should not have disturbed the determination. Thompson, J.P., Kunzeman, Miller and Copertino, JJ., concur.