The Board of Examiner of Sex Offenders made a determination that defendant must register as a sex offender on the basis of an out-of-state conviction and made a recommendation of risk-level 3. Although the defendant didn't file an Article 78 within the statute of limitation, the defendant challenged the determination to register at his risk level proceeding.

The New York State Supreme Court and the Appellate Division held the Board's determination is reviewable only in an Article 78 proceeding. The Court of Appeals, however, ruled that challenges to registration requirement for out-of-state convictions can be adjudicated at the risk level proceeding.