Opinion
April 12, 2001.
Appeal from a judgment of the Supreme Court (Hemmett Jr., J.), entered July 10, 2000 in Washington County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's request for parole release.
Andre Porter, Fallsburg, appellant in person.
Eliot Spitzer, Attorney-General (Robert M. Goldfarb of counsel), Albany, for respondent.
Before: Mercure, J.P., Peters, Spain, Mugglin and Lahtinen, JJ.
MEMORANDUM AND ORDER
Petitioner has been in prison since 1981 and has completed two concurrent indeterminate prison sentences of 4 to 12 years for robbery in the second degree and 5 to 15 years for assault in the first degree. He remains incarcerated, however, because in 1992 he was convicted of promoting prison contraband in the first degree and sentenced to an indeterminate prison term of 3 to 6 years to run consecutive to the sentences he was then serving. In October 1999, respondent denied petitioner's application for parole release. Supreme Court dismissed the CPLR article 78 proceeding to review that determination and we affirm.
The record reveals that in denying petitioner's request for parole release, respondent considered the relevant factors, including the serious and violent nature of his crimes, his poor institutional record and the denial of an earned eligibility certificate. In light of petitioner's failure to demonstrate that respondent's determination was affected by a "`showing of irrationality bordering on impropriety'" (Matter of Silmon v. Travis, 95 N.Y.2d 470, 476, quoting Matter of Russo v. New York State Bd. of Parole, 50 N.Y.2d 69, 77), we find no reason to disturb the discretionary determination that petitioner was not an acceptable candidate for parole release (see, Matter of Serna v. New York State Div. of Parole, 279 A.D.2d 684, 719 N.Y.S.2d 166). Petitioner's remaining contentions have been reviewed and found to be without merit.
ORDERED that the judgment is affirmed, without costs.