Hyman v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Hyman v. New York State Division of Parole

22 A.D.3d 224, 801 N.Y.S.2d 599

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

DecidedOctober 4, 2005

StatusPublished

Cited by1 cases

This text of 22 A.D.3d 224 (Hyman v. New York State Division of Parole) 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.

Bluebook

Hyman v. New York State Division of Parole, 22 A.D.3d 224, 801 N.Y.S.2d 599 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered November 26, 2004, which dismissed the petition brought pursuant to CPLR article 78 to annul a determination of respondent New York State Division of Parole denying petitioner’s application for conditional release, unanimously affirmed, without costs.

The Department of Correctional Services is not a proper party to this proceeding since it does not set the conditions for an inmate’s release (see Executive Law § 259-c [2]).

[225]*225Petitioner has no federal or state constitutional right to be released from prison before serving his full sentence due to expire in 2010 (see Matter of M.G. v Travis, 236 AD2d 163, 167 [1997], lv denied 91 NY2d 814 [1998]). The special conditions imposed by the Division for petitioner’s release, designed to reduce the opportunities for petitioner, a convicted sex offender who raped a minor while on conditional release from prison, to relapse into sexual misconduct, constituted a proper exercise of discretion (see id. at 167-168; and see Matter of Wright v Travis, 297 AD2d 842 [2002]).

We have considered petitioner’s remaining contentions and find them unavailing. Concur—Saxe, J.P., Marlow, Williams, Sweeny and Catterson, JJ.

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Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered November 26, 2004, which dismissed the petition brought pursuant to CPLR article 78 to annul a determination of respondent New York State Division of Parole denying petitioner’s application for conditional release, unanimously affirmed, without costs.

The Department of Correctional Services is not a proper party to this proceeding since it does not set the conditions for an inmate’s release (see Executive Law § 259-c [2]).

[225]*225Petitioner has no federal or state constitutional right to be released from prison before serving his full sentence due to expire in 2010 (see Matter of M.G. v Travis, 236 AD2d 163, 167 [1997], lv denied 91 NY2d 814 [1998]). The special conditions imposed by the Division for petitioner’s release, designed to reduce the opportunities for petitioner, a convicted sex offender who raped a minor while on conditional release from prison, to relapse into sexual misconduct, constituted a proper exercise of discretion (see id. at 167-168; and see Matter of Wright v Travis, 297 AD2d 842 [2002]).

We have considered petitioner’s remaining contentions and find them unavailing. Concur—Saxe, J.P., Marlow, Williams, Sweeny and Catterson, JJ.

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Bluebook (online)

22 A.D.3d 224, 801 N.Y.S.2d 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyman-v-new-york-state-division-of-parole-nyappdiv-2005.

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