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WILLIAMS v. DEPT. OF CORR.

400638/13, 15259

136 A.D.3d 147 (2016)

24 N.Y.S.3d 18

2016 NY Slip Op 00135

In the Matter of FOSTER WILLIAMS, Appellant, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2016.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Lauren Stephens-Davidowitz of counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York City (Karen W. Lin and Steven C. Wu of counsel), for respondent.

ANDRIAS, J.P., and MOSKOWITZ, J., concur with GISCHE, J.; KAPNICK, J., dissents in part in a separate opinion.

OPINION OF THE COURT

In this appeal we are asked to consider whether the mandatory 1,000-foot buffer zone, contained in New York's Sexual Assault Reform Act (Executive Law § 259-c [14]) (SARA), which prohibits sex offender parolees from residing or traveling near schools...

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