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MATTER OF ALMEYDA v. NEW YORK STATE DIVISION OF PAROLE

290 A.D.2d 505 (2002)

736 N.Y.S.2d 275

In the Matter of RAFAEL ALMEYDA, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 22, 2002.

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

A determination by a parole board whether or not to grant parole is discretionary, and if made in accordance with the statutory factors, is not subject to judicial review absent "a showing of irrationality bordering an impropriety" (Matter of Russo v New York State Bd. of Parole, 50 N.Y.2d 69, 77; see, Matter of Silmon v Travis,

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