This morning the Court granted leave in one new civil case, Matter of Green v. Laclair. As explained in our case summary, this case concerns whether an offender is subject to Executive Law § 259-c(14)’s housing restrictions upon release from prison if the offender is not serving a conviction for a qualifying crime when they were designated a Level III sex offender. Offenders subject to Executive Law § 259-c(14) cannot enter or live near school grounds—significantly restricting the stock of post-release housing.
In holding that Executive Law § 259-c(14) did not apply to the prisoner, the Third Department in Green relied on its 2019 decision in People ex rel. Negron v. Superintendent, Woodburne Correctional Facility. Negron is now pending before the Court of Appeals and is scheduled for argument in October, along with three related cases, People ex rel. Johnson v. Superintendent, Adirondack Correctional Facility, McCurdy v. Warden and Ortiz v. Breslin. It remains to be seen whether the Court will order expedited briefing in Green so that all five cases can be heard together.