In People v. McGarghan, 18 Misc 3d 811 (Sup Ct, NY County 2007) which is a recent New York County case, the petitioner was required to register as a sex offender in Vermont and the Board determined that, after he established residency in New York, he was also required to register there. Petitioner brought a motion to dismiss under the SORA. The court held that it lacked the jurisdiction to review the Board's determination that petitioner was a sex offender, that the Board is empowered to make the initial determination and that at petitioner's SORA's hearing, the court is not evaluating whether the Vermont statute is equivalent to the New York statute. The court also concluded that an Article 78 proceeding was the only appropriate means to review the Board's decision, and since petitioner did not file one, his petition was dismissed.