Majority
Appeal from a judgment of the Supreme Court (Mott, J.), entered November 24, 2014 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying his request for parole release.
In 2012, petitioner was convicted of felony driving while intoxicated and was sentenced to 2 to 6 years in prison. In November 2013, he made his initial appearance before the Board of Parole seeking to be released to parole supervision. The Board denied his request and ordered him held for an additional 24 months. Petitioner filed an administrative appeal and, when it was not decided within four months, he commenced this CPLR article 78 proceeding. Following joinder of issue, Supreme Court dismissed the petition and this appeal ensued.
We affirm. It is well settled that parole release decisions are discretionary and will not be disturbed as long as the Board complied with the statutory requirements set forth in Executive Law § 259-i (see Matter of Delrosario v Evans, 121 AD3d 1152 , 1152-1153 [2014]; Matter of Molinar v New York State Div. of Parole, 119 AD3d 1214 , 1215 [2014]). Contrary to petitioner’s claim, the record here discloses that the Board took into account the relevant statutory factors, including not only the crime of conviction, but also petitioner’s criminal history,
Lahtinen, J.P., McCarthy, Egan Jr. and Lynch, JJ., concur.
Ordered that the judgment is affirmed, without costs.
Cases cited
- Delrosario v. Evans 121 AD3d 1152 at 1152-1153 p. 1320
- Molinar v. New York State Division 119 AD3d 1214 at 1215 p. 1320
- Diaz v. New York State Department of Corrections & Community Supervision 127 AD3d 1493 at 1494 p. 1321
- Rivers v. Evans 119 AD3d 1188 at 1188 p. 1321
- Wright v. Alexander 71 AD3d 1270 at 1271 p. 1321
- Lackwood v. New York State Division of Parole 127 AD3d 1495 at 1495 p. 1321
- Silmon v. Travis 95 NY2d 470 at 476 p. 1321
- Russo v. New York State Board of Parole 50 NY2d 69 at 77 p. 1321