Opinion
2002-01775
Submitted March 17, 2003.
April 21, 2003.
Proceeding pursuant to CPLR article 78, inter alia, to prohibit a risk assessment determination hearing against the petitioner pursuant to Correction Law article 6-C.
Gerald B. Lefcourt, P.C., New York, N.Y. (Renato C. Stabile of counsel), for petitioner.
Kevin L. Wright, District Attorney, Carmel, N.Y., for respondent People of the State of New York.
Eliot Spitzer, Attorney-General, New York, N.Y. (Christine E. Morrison of counsel), for respondents James T. Rooney, All Judges of the County Court of the State of New York, County of Putnam, and New York State Board of Examiners of Sex Offenders.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, REINALDO E. RIVERA, JJ.
DECISION JUDGMENT
ADJUDGED that those branches of the petition which seek relief in the nature of mandamus and prohibition are dismissed as academic; and it is further,
ADJUDGED that the petition is otherwise denied and the proceeding is dismissed, without costs or disbursements.
To the extent that the petition seeks relief in the nature of mandamus and prohibition, it is academic, as the acts in question have already occurred. The petition otherwise is without merit.
RITTER, J.P., SMITH, KRAUSMAN and RIVERA, JJ., concur.