A state judge has dismissed a lawsuit that would have blocked the parole of a man convicted of killing two police officers.
The judge ruled that the state Parole Board did not act irrationally or outside its bounds when it granted parole last month to Herman Bell.
The 70-year old was set to be released from prison earlier this week, but remained behind bars while the Patrolmen's Benevolent Association challenged the decision on behalf of the wife of one of the victims.
Her lawyers had argued the parole board did not follow proper protocols, but the judge ruled she did not have the legal standing to challenge the board's decision.
The PBA says it will appeal the judge's ruling.
Bell has spent the last 44 years in prison for murdering two NYPD officers in 1971 by luring them with a fake 911 call.
He also pleaded guilty to killing a sergeant in San Francisco.
It is not clear when Bell will be released.