Summary
In Matter of Hyman v. NYS Division of Parole, 22 A.D. 3d 224 (1st Dept. 2005), the Appellate Division, First Department held that there is "no federal or state constitutional right to be released" on an inmate's conditional release date.
Summary of this case from Muhammad v. EvansOpinion
6610.
October 4, 2005.
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.
William Hyman, appellant pro se.
Eliot Spitzer, Attorney General, New York (Benjamin N. Gutman of counsel), for respondents.
Before: Saxe, J.P., Marlow, Williams, Sweeny and Catterson, JJ., Concur.
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).
Petitioner 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, lv denied 91 NY2d 814). 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).
We have considered petitioner's remaining contentions and find them unavailing.