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IN THE MATTER OF MATA v. TRAVIS

Appellate Division of the Supreme Court of New York, Second Department.
Jun 21, 2004
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DECISION ORDER

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

A determination of the New York State Board of Parole (hereinafter the Board), if made after consideration of the statutory factors ( see Executive Law ยง 259-i[a], 2[c][A]), is not subject to judicial review absent a "showing of irrationality bordering on impropriety" ( Matter of Silmon v. Travis, 95 N.Y.2d 470, 476; Matter of Russo v. New York State Bd. of Parole, 50 N.Y.2d 69, 77; Matter of Almeyda v. New York State Div. of Parole, 290 A.D.2d 505, 506). The hearing record demonstrates that the Board considered the statutory factors. It was not required to give equal weight to each factor, nor was it required to discuss each of the factors in its determination ( see Matter of Johnson v. Travis, 284 A.D.2d 686, 687; cf. Matter of King v. New York State Div. of Parole, 83 N.Y.2d 788, 791). The Board's determination was made in accordance with law and was not irrational. Therefore, it should not be disturbed ( see Matter of Kirkpatrick v. Travis, 5 A.D.3d 385; Matter of Colon v. Travis, 305 A.D.2d 407; Matter of Romer v. Travis, 299 A.D.2d 553).

The petitioner's remaining contentions are without merit.

TOWNES, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.