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In the Matter of JOSE CARRION, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

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

The Supreme Court properly dismissed the petition because such discretionary decisions of the New York State Board of Parole, when made in accordance with the law, are not judicially reviewable (see, Executive Law § 259-i; Matter of Hall v New York State Executive Dept., 188 A.D.2d 791; Matter of Davis v New York State Div. of Parole, 114 A.D.2d 412). The Board based its determination upon the extraordinarily serious and heinous nature of the crime for which the petitioner was incarcerated, which is a sufficient ground to deny parole release (see, Executive Law § 259-i [c]; Matter of King v New York State Div. of Parole, 83 N.Y.2d 788, 790; People ex rel. Thomas v Superintendent, 124 A.D.2d 848, 849). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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MATTER OF CARRION v. N.Y. STATE BD. OF PAROLE
(Dec 19, 1994)