MIRANDO v. CUYLER ET AL.

No. 246 Misc. Dkt. No. 2.

50 Pa.Commw. 297 (1980)

William Mirando, Petitioner v. Julius T. Cuyler, Superintendent at the State Correctional Institution at Graterford, Pennsylvania, and Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondents.

Commonwealth Court of Pennsylvania.

April 2, 1980.


Attorney(s) appearing for the Case

William Mirando, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Edward G. Biester, Jr., Attorney General, for respondents.

Submitted on briefs, December 18, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.


OPINION BY JUDGE CRAIG, April 2, 1980:

Petitioner William Mirando has filed a petition for review against the Pennsylvania Board of Probation and Parole (Board), alleging that the board failed to hold a final parole revocation hearing within the time prescribed by law. The parties' cross-motions for summary judgment are before us for consideration.

On September 24, 1976, while on parole from a sentence carrying a September 5, 1978 maximum, petitioner was arrested...

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