Opinion
October 30, 1995
Appeal from the Supreme Court, Westchester County (Leavitt, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The Board of Parole's consideration of the District Attorney's negative recommendation concerning the petitioner's request for parole was not a denial of the petitioner's due process rights (which do not attach to parole hearings), contrary to law, or a violation of a positive statutory requirement (see, Matter of Russo v. New York State Bd. of Parole, 50 N.Y.2d 69; Matter of Briguglio v. New York State Bd. of Parole, 24 N.Y.2d 21; People ex rel. Grimmick v. McGreevy, 141 A.D.2d 989; Matter of Lynch v. New York State Div. of Parole, 82 A.D.2d 1012; Executive Law § 259-i). Accordingly, the determination of the Board of Parole is beyond judicial review (see, Correction Law § 212; Matter of Briguglio v. New York State Bd. of Parole, supra).
We have considered the petitioner's remaining contentions and find them to be without merit. Balletta, J.P., Thompson, Ritter and Florio, JJ., concur.