Matter of Ahlers v. New York State Division of Parole
| Decision Date | 26 November 2003 |
| Docket Number | 93677. |
| Citation | 767 N.Y.S.2d 289,1 A.D.3d 849,2003 NY Slip Op 18963 |
| Parties | In the Matter of KARL AHLERS, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Appeal from a judgment of the Supreme Court (Stein, J.), entered March 17, 2003 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole imposing certain conditions upon petitioner's parole release.
Petitioner has reached his conditional release date following his conviction of various crimes, including sodomy in the first, second and third degrees, sexual abuse in the first degree and endangering the welfare of a child. His criminal history, which dates back to 1962, also includes a 1971 arrest in New Jersey for narcotics possession and debauching the morals of a minor. Petitioner continues to be incarcerated based upon his refusal to agree to certain special conditions placed upon his parole release, i.e., the conditions investing his parole officer with the authority to direct petitioner to participate in substance or alcohol abuse treatment programs. Petitioner challenges these conditions as arbitrary and capricious as his record shows no indication that he is in need of such treatment.
The imposition of a special condition upon the release of an inmate is discretionary in nature and beyond judicial review so long as it is made in accordance with law (see Executive Law § 259-i; 9 NYCRR 8003.2; see also Matter of Dickman v Trietley, 268 AD2d 914, 915 [2000]). This Court is not permitted to substitute its discretion for that of the individuals in charge of designing the terms of petitioner's parole release (see Matter of M.G. v Travis, 236 AD2d 163, 169 [1997], lv denied 91 NY2d 814 [1998]; Matter of Gerena v Rodriguez, 192 AD2d 606 [1993]) and we would not, in any event, be disposed to do so in this matter. The conditions in question are not arbitrary or capricious in view of petitioner's record (which includes a charge of narcotics possession). Under the circumstances presented here, it is reasonable to invest petitioner's parole officer with the authority to mandate treatment for petitioner's use of alcohol or controlled substances (as needed), given the difficulty that petitioner has previously exhibited in controlling his impulses toward obtaining sexual gratification from children (see Matter of...
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Victory v. Pataki, 02-CV-0031
...parolee, and it was within the discretion of his Parole Officer to impose such a special condition. See, e.g., Ahlers v. N.Y. State Div. Of Parole, 1 A.D.3d 849 (3rd Dep't 2003) ("The imposition of a special condition upon the release of an inmate is discretionary in nature . . . ."); N.Y. ......
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Boehm v. Evans
...with law" ( Matter of Dickman v. Trietley, 268 A.D.2d 914, 916, 702 N.Y.S.2d 449 [2000]; see Matter of Ahlers v. New York State Div. of Parole, 1 A.D.3d 849, 849, 767 N.Y.S.2d 289 [2003] ). Petitioners concede that respondent had a compelling interest in supervising petitioner upon his rele......
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Williams v. N.Y. State Div. of Parole
...Provost ( see Ciccarelli v. New York State Div. of Parole, 11 A.D.3d 843, 844, 784 N.Y.S.2d 173 [2004]; Ahlers v. New York State Div. of Parole, 1 A.D.3d 849, 850, 767 N.Y.S.2d 289 [2003]; Matter of Wright v. Travis, 297 A.D.2d 842, 746 N.Y.S.2d 850 [2002] ). The foregoing demonstrates peti......
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Newman v. Annucci
...in nature and beyond judicial review so long as it is made in accordance with the law." Reply at 4 (quoting Ahlers v. New York State Div. Of Parole, 1 A.D.3d 849, 849 (3d Dep't 2003)). Plaintiff, however, challenges the imposition of the special conditions of release on the basis that they ......