Opinion
8632 Index 251642/15
03-07-2019
In re Eugene YOUNGBLOOD, Petitioner–Appellant, v. Tina M. STANFORD, etc., Respondent–Respondent.
Justine M. Luongo, The Legal Aid Society, New York (Kerry Elgarten of counsel), for appellant. Barbara D. Underwood, Attorney General, New York (Amir R. Vora of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Kerry Elgarten of counsel), for appellant.
Barbara D. Underwood, Attorney General, New York (Amir R. Vora of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Tom, Kahn, Gesmer, JJ.
Order and judgment (one paper), Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about May 25, 2017, which dismissed petitioner's application brought pursuant to CPLR article 78 to review a determination of the Board of Parole imposing a 60–month time assessment following the revocation of parole, unanimously affirmed, without costs.
We find that the Hearing Officer neither abused her discretion nor imposed an excessive time assessment by issuing a determination to revoke petitioner's post-release supervision and impose a 60–month time assessment for petitioner's violations of a temporary order of protection, considering his criminal history, and the behavior underlying his parole violations, one of which led to his conviction for second degree criminal contempt (see Matter of Rosa v. Fischer , 108 A.D.3d 1227, 1228, 969 N.Y.S.2d 706 [4th Dept. 2013], lv denied 22 N.Y.3d 855, 979 N.Y.S.2d 561, 2 N.E.3d 929 [2013] ; Matter of Isaac v. New York State Div. of Parole , 222 A.D.2d 913, 913, 635 N.Y.S.2d 756 [3d Dept. 1995] ).