Judgment affirmed, without costs. Memorandum: We adopt the decision of the Third Department in Matter of Rodriguez v New York State Bd. of Parole (72 AD2d 655); but see, contra, Matter of Russo v New York State Bd. of Parole (69 AD2d 520). All concur, except Cardamone, J. P., who dissents and votes to reverse the judgment and remit the matter, in the following memorandum.