IN RE: James BILLUPS

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

IN RE: James BILLUPS, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Chair, et al., Respondents.

Decided: May 26, 2005

Before:  CARDONA, P.J., CREW III, PETERS, ROSE and LAHTINEN, JJ. James Billups, Woodbourne, appellant pro se. Eliot Spitzer, Attorney General, New York City (Carol Fischer of counsel), for respondents.

Appeal from a judgment of the Supreme Court (La Buda, J.), entered September 8, 2004 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.

Petitioner is currently serving a 5 to 15-year prison term in connection with the rape of his young daughter.   Petitioner's conditional release date was March 13, 2002.   However, due to petitioner's failure to comply with the requirement of the Board of Parole that he find a suitable residence, he was not granted release at that time or thereafter.   Petitioner commenced this CPLR article 78 proceeding challenging the denial.   Following joinder of issue, Supreme Court dismissed the petition.   This appeal ensued.

 We affirm.   The Board is authorized to impose special conditions upon an inmate's release from prison (see Executive Law § 259-c [2];  § 259-g [1];  9 NYCRR 8003.2[l];  8003.3).   Imposition of the requirement of a suitable residence was rational under the circumstances as petitioner has a history of violent conduct and perpetrated a heinous sexual assault upon his own daughter (see e.g. Matter of Wright v. Travis, 297 A.D.2d 842, 746 N.Y.S.2d 850 [2002];  People ex rel. Wilson v. Keane, 267 A.D.2d 686, 700 N.Y.S.2d 408 [1999], appeal dismissed 95 N.Y.2d 824, 712 N.Y.S.2d 449, 734 N.E.2d 761 [2000] ).   Therefore, Supreme Court properly dismissed the petition.

ORDERED that the judgment is affirmed, without costs.

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