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MATTER OF BERLIN v. EVANS

113670/2010.

31 Misc.3d 919 (2011)

923 N.Y.S.2d 828

In the Matter of ARIEL BERLIN, Petitioner, v. ANDREA EVANS, Chief Executive Officer, New York State Division of Parole, Respondent.

Supreme Court, New York County.

Decided April 11, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General ( Inna Reznik of counsel), for respondent.

Legal Aid Society ( Robert C. Newman of counsel), for petitioner.

OPINION OF THE COURT

ANIL C. SINGH, J.

This is a CPLR article 78 proceeding. Petitioner challenges respondent New York State Division of Parole's application to him of Executive Law § 259-c (14), which prohibits individuals who are on parole for certain categories of sex crimes from residing within 1,000 feet of schools where children under the age of 18 are enrolled. Petitioner contends that, as applied to his circumstances, the statute is an unconstitutional...

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