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NORTH v. BOARD OF EXAMINERS

34 A.D.3d 161 (2006)

821 N.Y.S.2d 828

In the Matter of TODD NORTH, Appellant, v. BOARD OF EXAMINERS OF SEX OFFENDERS OF STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 29, 2006.

Attorney(s) appearing for the Case

Burgett & Robbins, Jamestown (Robert A. Liebers of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Andrea Oser of counsel), for respondent.

KEHOE, GORSKI, SMITH and PINE, JJ., concur.

OPINION OF THE COURT

SCUDDER, J.P.

Petitioner commenced this CPLR article 78 proceeding by order to show cause and petition seeking a judgment annulling the determination of respondent that he is required to register as a sex offender in accordance with Correction Law article 6-C. We agree with petitioner that Supreme Court erred in determining that he is required to register as a sex offender pursuant to Correction Law § 168-a (2) (d) (i). We nevertheless...

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