Opinion
02-02-2017
In the Matter of Christopher ELLISON, Appellant, et al., Petitioners, v. Tina M. STANFORD, as Chair of the New York State Board of Parole, et al., Respondents.
Christopher Ellison, Comstock, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondents.
Christopher Ellison, Comstock, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondents.
Before: McCARTHY, J.P., EGAN JR., ROSE, CLARK and AARONS, JJ.
Appeal from a judgment of the Supreme Court (McDonough, J.), entered May 12, 2015 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents' motion to dismiss the petition/complaint.
Petitioner Christopher Ellison (hereinafter petitioner) and eight other inmates in the custody of the Department of Corrections and Community Supervision commenced this combined proceeding pursuant to CPLR article 78 and action for a declaratory judgment seeking to challenge the regulations set forth in 9 NYCRR 8002.3 governing the parole release procedures adopted by the Board of Parole in 2014, as well as certain provisions of the Executive Law and 9 NYCRR part 8006. Respondents moved to dismiss the petition/ complaint on various grounds, including lack of standing. Supreme Court granted the motion and dismissed the petition/complaint for lack of standing. Petitioner now appeals.
We affirm. It is well settled that "[s]tanding is a threshold issue requiring an actual legal stake in the outcome of the action, namely an injury in fact worthy and capable of judicial resolution" (Matter of Ferran v. City of Albany, 116 A.D.3d 1194, 1195, 984 N.Y.S.2d 211 [2014] [internal quotation marks and citation omitted]; see Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 772, 570 N.Y.S.2d 778, 573 N.E.2d 1034 [1991] ). Claims that are speculative and not yet ripe for review will not confer standing upon a party (see Matter of Association for a Better Long Is., Inc. v. New York State Dept. of Envtl. Conservation, 23 N.Y.3d 1, 9, 988 N.Y.S.2d 115, 11 N.E.3d 188 [2014] ; Argyle Farm & Props., LLC. v. Watershed Agric. Council of the N.Y. City Watersheds, Inc., 135 A.D.3d 1262, 1266, 24 N.Y.S.3d 436 [2016] ). Here, the petition/complaint does not allege that either petitioner or any of the other petitioner inmates have sustained actual injury as a result of the application of the subject regulations and statutory provisions. Although petitioner was denied parole in 2013, he does not challenge this denial, and the regulations that are the main focus of this proceeding/action were not even in effect at that time. Absent a demonstration that petitioner or the other petitioner inmates have suffered actual harm by the application of the regulations and statutory provisions to them, Supreme Court properly dismissed the petition/complaint for lack of standing (see Matter of Association for a Better Long Is., Inc. v. New York State Dept. of Envtl. Conservation, 23 N.Y.3d at 9, 988 N.Y.S.2d 115, 11 N.E.3d 188 ; Matter of Gym Door Repairs, Inc. v. New York City Dept. of Educ., 112 A.D.3d 1198, 1199, 977 N.Y.S.2d 478 [2013] ).
ORDERED that the judgment is affirmed, without costs.