Opinion
Argued March 31, 2000.
July 31, 2000.
In a proceeding pursuant to CPLR article 78, to review a determination of the District Court, First District, Suffolk County (Zuckerman, J.), dated January 8, 1998, classifying the petitioner as a level three sex offender under the Sex Offender Registration Act (see, Correction Law § 168 et. seq.), and in the nature of mandamus to compel the District Court, First District, to conduct an evidentiary hearing to determine the petitioner's classification under the Sex Offender Registration Act, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, Jr., J.), entered February 3, 1999, which denied the petition and dismissed the proceeding.
Peter Panaro, Massapequa, N.Y., for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Edward Johnson and Marion R. Buchbinder of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
While we agree that the proceeding must be dismissed we do so on a different ground than those relied on by the Supreme Court. The petitioner's contentions are not properly reviewable in a proceeding pursuant to CPLR article 78 (see, Matter of Donald P. v. Palmieri, 257 A.D.2d 623; Matter of Haddock v. Wexner, 253 A.D.2d 881; Matter of Parolee S.V. v. Calabrese, 246 A.D.2d 655; Matter of Raphael S. v. Leventhal, 246 A.D.2d 659).