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IN THE MATTER OF PO-YEN v. DENNISON

28 A.D.3d 770 (2006)

812 N.Y.S.2d 893

In the Matter of LU PO-YEN, Respondent, v. ROBERT DENNISON, Appellant.

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

April 25, 2006.

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

A parole determination may be set aside only when a parole board's determination to deny early release evinced "irrationality bordering on impropriety" (Matter of Russo v. New York State Bd. of Parole, 50 N.Y.2d 69, 77 [1980]; see Matter of Silmon v Travis, 95 N.Y.2d 470

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