Matter of Fincher v. Executive Bd., N.Y. State Div. of Parole

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Board of Parole revoking petitioner’s parole.

In 2012, petitioner pleaded guilty to assault in the second degree after he sexually assaulted his girlfriend’s then two-year-old daughter. He was sentenced as a second felony offender to six years in prison, to be followed by five years of postrelease supervision. In 2014, he was released to parole supervision subject to certain conditions, including that he participate in a sex offender…