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Justice Schack Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119750 PETITIONER inmate sought an order under Article 78 to vacate the July 6, 2008, decision of the state Parole Board denying him parole and to grant him immediate release on parole or a de novo parole hearing. Respondent, the board’s chairman, sought dismissal of the petition. Petitioner argued he was wrongfully denied a discretionary parole release, arguing denial was based solely on his underlying criminal offenses to the exclusion of all other statutorily mandated factors of consideration that was “irrationality bordering on impropriety.” The court disagreed, noting discretionary release on parole shall not be granted merely as a reward for good conduct. It stated petitioner’s claim that he should be released because of his successful efforts at rehabilitation did not “pass muster” in the face of the statutory framework. The court noted the board’s determination that petitioner’s positive achievements were outweighed by the serious and repetitive nature of his crimes was within its sound discretion and not subject to judicial review. Thus, it ruled the grounds for denial were sufficient and the petitioner’s motion was denied.

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