In the Matter of Billups v. New York State Division of Parole
Decision Date | 26 May 2005 |
Docket Number | 96725. |
Parties | In the Matter of JAMES BILLUPS, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, CHAIR, et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered September 8, 2004 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.
Petitioner is currently serving a 5 to 15-year prison term in connection with the rape of his young daughter. Petitioner's conditional release date was March 13, 2002. However, due to petitioner's failure to comply with the requirement of the Board of Parole that he find a suitable residence, he was not granted release at that time or thereafter. Petitioner commenced this CPLR article 78 proceeding challenging the denial. Following joinder of issue, Supreme Court dismissed the petition. This appeal ensued.
We affirm. The Board is authorized to impose special conditions upon an inmate's release from prison (see Executive Law § 259-c [2]; § 259-g [1]; 9 NYCRR 8003.2 [l]; 8003.3). Imposition of the requirement of a suitable residence was rational under the circumstances as petitioner has a history of violent conduct and perpetrated a heinous sexual assault upon his own daughter (see e.g. Matter of Wright v Travis, 297 AD2d 842 [2002]; People ex rel. Wilson v Keane, 267 AD2d 686 [1999], appeal dismissed 95 NY2d 824 [2000]). Therefore, Supreme Court properly dismissed the petition.
Ordered that the judgment is affirmed, without costs.
To continue reading
Request your trial-
People ex rel. Rivera v. Superintendent, Woodbourne Corr. Facility
... ... No. 47 New York" Court of Appeals June 15, 2023 ... \xC2" ... April 2019, petitioner was granted an open parole ... release date of May 23, 2019. At his Sex ... York State Department of Corrections and Community ... The ... Appellate Division unanimously reversed the judgment on the ... law ... risk" ( Matter of Alvarez v Annucci , 38 N.Y.3d ... 974, 976 ... 2005]; Matter of Billups v New York State Div. of Parole, ... Chair , 18 ... ...
-
In the Matter of Bryan Boss v. N.Y. State Div. of Parole
...against one of them ( see Matter of Breeden v. Donnelli, 26 A.D.3d at 661, 808 N.Y.S.2d 839; Matter of Billups v. New York State Div. of Parole, 18 A.D.3d 1085, 1085–1086, 795 N.Y.S.2d 408 [2005] ). We also reject petitioner's contention that respondent failed in its duty to assist him with......
-
People v. Dep't of Corr.
...(see People ex rel. Beam v. Hodges , 286 A.D.2d 936, 731 N.Y.S.2d 416 [4th Dept. 2001] ; Matter of Billups v. New York State Div. of Parole , 18 A.D.3d 1085, 795 N.Y.S.2d 408 [3rd Dept. 2005] ; People ex rel. Bernzott v. Murray , 12 A.D.3d 1102, 784 N.Y.S.2d 402 [4th Dept. 2004] ; People ex......
-
In the Matter of Brown v. Goord
... ... Appellate Division of the Supreme Court of the State of New York, Third ... ...