By: Daily Record Staff//December 9, 2013
By: Daily Record Staff//December 9, 2013//
Appellate Division, Fourth Department
Sex Offender Registration Act
Registration Obligation — Risk Level Vacated
Thomas v. NY Executive Department, et al.
Appealed from Supreme Court, Monroe County
Background: The petitioner commenced a proceeding seeking a declaration that he was not required to register as a sex offender under Section 168-f of the Correction Law. The petitioner had his prior level-one risk assessment vacated on the ground that the people’s 11-year delay in notifying him that he was required to register was “outrageously arbitrary” and a “gross abuse of governmental authority.” Thereafter, he was notified that he was still required to register and the action was commenced. The petitioner appealed from the grant of summary judgment in favor the respondent.
Ruling: The Appellate Division affirmed. The court held that its prior order only vacated his risk level classification, not the requirement that he is obligated to register as a sex offender.
Thomas Gregory, pro se; Robert M. Goldfarb of the New York State Office of the Attorney General for the defendant-respondent