IN RE: Eugene Youngblood (2019)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Eugene Youngblood, Petitioner–Appellant, v. Tina M. Stanford, etc., Respondent–Respondent.

8632

Decided: March 07, 2019

Renwick, J.P., Manzanet–Daniels, Tom, Kahn, Gesmer, JJ.

Justine M. Luongo, The Legal Aid Society, New York (Kerry Elgarten of counsel), for appellant.

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 AD3d 1227, 1228 [4th Dept 2013], lv denied 22 NY3d 855 [2013]; Matter of Isaac v New York State Div. of Parole, 222 A.D.2d 913, 913 [3d Dept 1995] ).

CLERK

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