New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle CC - Division of Parole
Part 8006 - Appeals
Section 8006.1 - General

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 8006.1

Current through Register Vol. 46, No. 12, March 20, 2024

(a) An administrative appeal may be taken from a final determination of the Board of Parole regarding a parole release, parole rescission or final revocation proceeding.

(b) The administrative appeal process is initiated by the filing of a notice of appeal within 30 days of the date that the incarcerated person/violator or their attorney receives written notice of the final decision from which the appeal is taken. The failure to file a notice of appeal within the aforementioned time limit shall constitute a waiver of the right of appeal by the incarcerated person/violator.

(c) A notice of appeal and subsequent related correspondence, including the document submitted to perfect the appeal, shall be filed with the New York State Board of Parole, Appeals Unit, The Harriman State Campus, , Albany, NY 12226.

(d) The notice of appeal shall state the name and State identification number of the incarcerated person/violator; the date of the hearing and, in the case of a final revocation proceeding, the date of the determination; the incarcerated person/violator's present place of incarceration or residential address; and the place where the hearing occurred. While a Department form entitled Notice of Appeal may be made available for use by an incarcerated person/violator, it is not required that said form be utilized to initiate the appeal process.

(e) At the time of the filing of the notice of appeal, the incarcerated person/violator or the attorney therefor may request a copy of the transcript of the proceeding from which the appeal was taken. The appeals unit will obtain the transcript as soon as practicable and forward it to the incarcerated person/violator or their attorney. There shall be a copying charge of 25 cents per page. All other nonconfidential, discoverable documents relating to the appeal may be obtained upon written request to the appropriate Department officer, pursuant to 9 NYCRR 8000.5(c)(3). The time required to obtain, copy and transmit the transcript to the appellant or their counsel shall not extend the time limit within which the appeal shall be perfected, except that such time may be a basis for a request for an extension, in accordance with 9 NYCRR 8006.2(a).

(f) Each notice of appeal received by the appeals unit will be acknowledged in writing, and the final date to perfect the appeal will be stated thereon.

(g) In any case where an appeal was filed with a court of law pursuant to subdivision (4-a) of Section 259-i of the Executive Law from the sustaining of, in a final revocation proceeding, a non-technical violation charge concerning felony or misdemeanor conduct, then:

(1) No notice of administrative appeal from the final revocation proceeding shall be accepted and no such administrative appeal shall be considered while the subdivision (4-a) matter remains pending, or while any appeal or other litigation from the court of law's decisions therefrom remain open.

(2) Any non-technical violation findings shall not be considered as a subject of administrative appeal to the Board pursuant to this Part. Commencement of an appeal pursuant to subdivision (4-a) of any non-technical violation finding constitutes a permanent forfeiture of the right to appeal all non-technical violation findings in the revocation proceeding pursuant to this Part.

(3) Should the subdivision (4-a) matter be commenced subsequent to the filing of a notice of appeal pursuant to this Part, said administrative appeal shall be deemed cancelled upon commencement of the subdivision (4-a) appeal, except, in the Board's discretion, where findings of the Appeals Unit and/or the decision of the Board on the administrative appeal have been issued.

(4) A notice of appeal from a final revocation proceeding may be filed and such appeal thereafter considered, with respect to the sustaining of any technical violation charges, following conclusion of the subdivision (4-a) matter and where there is no appeal or litigation from the court of law's decisions therefrom.
(i) The incarcerated person/violator and their attorney shall assume that no prior notice of administrative appeal or appeal submissions will be considered absent express authorization to the contrary from the Appeals Unit.

(ii) The appeal process shall proceed in all other manner in accordance with the provisions of this Part as though the date of the final conclusion of the subdivision (4-a) matter and any appeal or litigation therefrom constitutes the "written notice" referenced in subdivision (b) of this section, and the notice of appeal must be filed within 30 days of that conclusion.

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