IN RE ALMEYDA v. N.Y. STATE DIV. OF PAROLE

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

A determination by a parole board whether or not to grant parole is discretionary, and if made in accordance with the statutory factors, is not subject to judicial review absent "a showing of irrationality bordering an impropriety" (Matter of 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; Thomas v. New York State Division of Parole, 286 A.D.2d 393, lv denied N.Y.2d [Dec. 18, 2001]; Executive Law § 259-i).

The New York State Division of Parole (hereinafter the Parole Board) rendered its determination after considering the full record including the petitioner's institutional and educational achievements and his plans if released. The Parole Board's determination that the petitioner's positive achievements were outweighed by the serious and brutal nature of the offense, as well as the petitioner's limited insight into why he committed the homicide, was rational and within its discretion, and is not subject to judicial review (see, Matter of Silmon v. Travis, supra; Matter of Wright v. Travis, 284 A.D.2d 544).

RITTER, ACTING P.J., SMITH, ADAMS and COZIER, JJ., concur.