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

Current through Register Vol. 46, No. 28, July 10, 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.