PEO DELROW v. DIV OF PAROLE


75 A.D.2d 324 (1980)

The People of the State of New York ex rel. Eugene Delrow, Appellant, v. New York State Division of Parole et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 26, 1980


Attorney(s) appearing for the Case

Richard Greenberg of counsel (Donald H. Zuckerman and William E. Hellerstein, attorneys), for appellant.

Edward J. Perry, Jr., of counsel (Gerald Ryan with him on the brief; Robert Abrams, Attorney-General, attorney), for respondents.

KUPFERMAN, J. P., BIRNS, FEIN and MARKEWICH, JJ., concur.


BLOOM, J.

Relator is presently detained by the Warden of the New York City House of Detention for Men under a parole violation warrant. He contends that he was denied a preliminary revocation hearing within the time prescribed by law (Executive Law, § 259-i, subd 3, par [c], cls [i], [iv]), and, by consequence thereof his continued detention under the warrant is illegal. He brought this habeas corpus proceeding...

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