Legal Opinion · Concurring in part, dissenting in part

Gonzalez v. Annucci

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 2017Published

1Concurring in part, dissenting in part

McCarthy, J.P.

(concurring in part and dissenting in part). We disagree with the majority’s conclusion that the determination that petitioner received adequate assistance in the process of securing housing was irrational, arbitrary or capricious and, therefore, we respectfully dissent to that extent. The Department of Corrections and Community Supervision (hereinafter DOCCS) is statutorily obligated to “assist inmates eligible for community supervision and inmates who are on community supervision to secure . . . housing” (Correction Law § 201 [5]; *265see People ex rel. Green v Superintendent of…

2Cases cited2 opinions

  1. Boss v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2011
  2. People ex rel. Green v. Superintendent of Sullivan Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2016

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