Updated

A New York judge has dismissed a lawsuit that sought to block the parole of an ex-radical who fatally shot two New York City police officers in 1971.

State Supreme Court Justice Richard Koweek ruled Friday that the state Parole Board did not act irrationally or outside its bounds when it granted parole last month to Herman Bell after serving 44 years.

The 70-year-old Bell had been scheduled to be released this week before the legal challenge was filed by the Patrolmen's Benevolent Association on behalf of Diane Piagentini, widow of one of the slain officers. Her lawyers had argued the parole board didn't follow proper protocols.

Democratic Gov. Andrew Cuomo said Thursday that while he disagreed with the decision, the Parole Board is independent and not under his control.