Gerena v. Rodriguez
| Decision Date | 12 April 1993 |
| Citation | 192 A.D.2d 606,596 N.Y.S.2d 143 |
| Parties | In the Matter of Charles W. GERENA, Jr., Respondent, v. Ramon J. RODRIGUEZ, etc., et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Robert Abrams, Atty. Gen., Hauppauge (Ralph J. Bavaro and Patricia Hingerton, of counsel), for appellants.
Ricardo Montano, Central Islip, for respondent.
Before BRACKEN, J.P., and SULLIVAN, BALLETTA, and COPERTINO, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR article 78 to review certain special conditions of release to parole supervision, the appeal is from a judgment of the Supreme Court, Suffolk County (Lama, J.), entered March 21, 1991, which, inter alia, directed the New York State Division of Parole to delete special conditions imposed April 16, 1990, and May 14, 1990, respectively, prohibiting the petitioner's employment as a chauffeur, taxicab, or livery driver without its prior written permission, and prohibiting him from applying for a driver's license or operating a motor vehicle without his parole officer's prior written permission.
ORDERED that the judgment is reversed, on the law, with costs, the determinations are confirmed insofar as reviewed, and the proceeding is dismissed on the merits.
Decisions of the New York State Division of Parole which concern the release of an inmate to parole supervision, including any special conditions imposed by a parole board or a field parole officer, are discretionary in nature and thus beyond the review of the courts if made in accordance with law (see, Executive Law § 259-i[5]; 9 NYCRR 8003.2[l]; Matter of Briguglio v. New York State Bd. of Parole, 24 N.Y.2d 21, 29, 298 N.Y.S.2d 704, 246 N.E.2d 512; People ex rel. Prince v. Meloni, 166 A.D.2d 926, 927, 561 N.Y.S.2d 674; Matter of Rock v. New York State Bd. of Parole, 124 A.D.2d 804, 508 N.Y.S.2d 527). In making such decisions, the Division of Parole may consider the crime for which the inmate was convicted (see, People ex rel. Thomas v. Superintendent of Arthur Kill Correctional Facility, 124 A.D.2d 848, 508 N.Y.S.2d 564; Matter of Harden v. New York State Bd. of Parole, 103 A.D.2d 777, 477 N.Y.S.2d 413).
In this case, the petitioner had been convicted of sodomy and attempted sodomy in connection with attacks on three young children. In all three cases the victims were lured into the petitioner's car and were then driven to a secluded location, where the attacks occurred. The petitioner's parole officer and one...
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Williams v. Dep't of Corr. & Cmty. Supervision
...restricted cohabitation with a woman with whom inmate began a relationship while incarcerated]; Matter of Gerena v. Rodriguez, 192 A.D.2d 606, 607, 596 N.Y.S.2d 143 [2d Dept.1993] [parole condition restricted employment as a chauffeur where vehicles were the means of past criminal acts] ). ......
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...While Plaintiff may have a stronger claim regarding the conditions restricting his access to vehicles, (see Gerena v. Rodriguez , 192 A.D.2d 606, 596 N.Y.S.2d 143 (1993) (finding denial of permission to obtain driver's license to be within discretion of parole officer where petitioner had l......
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...N.Y.S.2d 146, 148 (N.Y. App. Div. 2010) (citing Matter of M.G. v. Travis, 232 A.D.2d at 169, 667 N.Y.S.2d 11; Matter of Gerena v. Rodriguez, 192 A.D.2d 606, 596 N.Y.S.2d 143 (1993); Matter of Dickman v. Trietley, 268 A.D.2d 914, 915, 702 N.Y.S.2d 449 (2000)). Thus, while great discretion mu......
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Williams v. N.Y. State Div. of Parole
...terms of a petitioner's parole release ( see Matter of M.G. v. Travis, 232 A.D.2d at 169, 667 N.Y.S.2d 11; Matter of Gerena v. Rodriguez, 192 A.D.2d 606, 596 N.Y.S.2d 143 [1993]; Matter of Dickman v. Trietley, 268 A.D.2d 914, 915, 702 N.Y.S.2d 449 [2000] ). SC 13( l ), imposed in furtheranc......