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DEWINE v. STATE OF NY BD OF EXAMINERS

CA 11-00774.

89 A.D.3d 88 (2011)

930 N.Y.S.2d 332

2011 NY Slip Op 6705

In the Matter of MARK H. DEWINE, Respondent, v. STATE OF NEW YORK BOARD OF EXAMINERS OF SEX OFFENDERS, Appellant.

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

Decided September 30, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Robert M. Goldfarb of counsel), for appellant.

Weisberg, Zukher & Vanstry, PLLC, Syracuse ( David E. Zukher of counsel), for respondent.

CENTRA, J.P., CARNI, GREEN and GORSKI, JJ., concur.

OPINION OF THE COURT

PERADOTTO, J.

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he is a sex offender subject to registration pursuant to the Sex Offender Registration Act (SORA) (Correction Law § 168 et seq.). Supreme Court granted the petition and annulled the determination, concluding that petitioner was not subject to SORA's registration requirements. We agree with respondent that petitioner...

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