Martinez v. New York State Division of Parole

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole dated June 17, 2008, denying his application to be released on parole, the petitioner appeals from a judgment of the Supreme Court, Orange County (Ritter, J.), dated August 18, 2009, which denied the petition and dismissed the proceeding.

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

A parole determination may be set aside only when the determination to deny the petitioner release on parole evinced ‘irrationality bordering on impropriety’ (Matter of Russo v New…