IN THE MATTER OF KIRKPATRICK v. TRAVIS

ADJUDGED that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

The determination of the New York State Board of Parole (hereinafter the Board) denying the petitioner's second request to be released on parole does not show "irrationality bordering on impropriety" ( Russo v. New York State Bd. of Parole, 50 N.Y.2d 69, 77; see Matter of Silmon v. Travis, 95 N.Y.2d 470, 476; Matter of Romer v. Travis, 299 A.D.2d 553). The Board's determination that the petitioner's achievements were outweighed by the severity of his crimes was within its discretion and is not subject to judicial review ( see Matter of Trobiano v. State of New York Div. of Parole, 285 A.D.2d 812; Matter of Wright v. Travis, 284 A.D.2d 544; Matter of Secilmic v. Keane, 225 A.D.2d 628; People ex rel. Herbert v. New York State Bd. of Parole, 97 A.D.2d 128, 133).

The petitioner's remaining contentions are without merit.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.