Baker v. Russi

Appeal from a judgment of the Supreme Court (Conway, J.), entered January 31, 1992 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 petitioner’s request for parole.

Decisions of the Board of Parole are discretionary and not subject to judicial review if made in accordance with the requirements of the statute (Matter of McKee v New York State Bd. of Parole, 157 AD2d 944). The Board denied petitioner’s request for parole in this case based upon the seriousness of the offense and his…