Bush v. New York State Board of Examiners of Sex Offenders

Appellate Division of the Supreme Court of New York

Bush v. New York State Board of Examiners of Sex Offenders

72 A.D.3d 1078, 898 N.Y.S.2d 888

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 27, 2010

StatusPublished

Cited by3 cases

This text of 72 A.D.3d 1078 (Bush v. New York State Board of Examiners of Sex Offenders) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bush v. New York State Board of Examiners of Sex Offenders, 72 A.D.3d 1078, 898 N.Y.S.2d 888 (N.Y. Ct. App. 2010).

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Opinion

— In a proceeding pursuant to CELR article 78, inter alia, to review a determination of the New York State Board of Examiners of Sex Offenders that the petitioner is required to register as a sex offender pursuant to Correction Law article 6-C, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Baisley, Jr., J.), entered November 24, 2008, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

[1079]*1079We agree with the Supreme Court that the petitioner’s claims are without merit. Requiring the petitioner to register under the Sex Offender Registration Act (Correction Law art 6-C) does not violate the ex post facto clause of the federal constitution (US Const, art I, § 10 [1]), the due process clauses of the state or federal constitutions (NY Const, art I, § 6; US Const Amend XTV), or the petitioner’s right to equal protection of the law (see People v Knox, 12 NY3d 60, 67 [2009], cert denied 558 US —, 130 S Ct 552 [2009]; People v Buss, 11 NY3d 553 [2008]; Matter of North v Board of Examiners of Sex Offenders of State of N.Y., 8 NY3d 745, 752 [2007]). Fisher, J.P., Dillon, Dickerson and Belen, JJ., concur.

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— In a proceeding pursuant to CELR article 78, inter alia, to review a determination of the New York State Board of Examiners of Sex Offenders that the petitioner is required to register as a sex offender pursuant to Correction Law article 6-C, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Baisley, Jr., J.), entered November 24, 2008, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

[1079]*1079We agree with the Supreme Court that the petitioner’s claims are without merit. Requiring the petitioner to register under the Sex Offender Registration Act (Correction Law art 6-C) does not violate the ex post facto clause of the federal constitution (US Const, art I, § 10 [1]), the due process clauses of the state or federal constitutions (NY Const, art I, § 6; US Const Amend XTV), or the petitioner’s right to equal protection of the law (see People v Knox, 12 NY3d 60, 67 [2009], cert denied 558 US —, 130 S Ct 552 [2009]; People v Buss, 11 NY3d 553 [2008]; Matter of North v Board of Examiners of Sex Offenders of State of N.Y., 8 NY3d 745, 752 [2007]). Fisher, J.P., Dillon, Dickerson and Belen, JJ., concur.

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72 A.D.3d 1078, 898 N.Y.S.2d 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bush-v-new-york-state-board-of-examiners-of-sex-offenders-nyappdiv-2010.

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