MATTER OF GARLAND v. NEW YORK STATE DIV. OF PAROLE


86 A.D.2d 848 (1982)

In the Matter of Benjamin Garland, Appellant, v. New York State Division of Parole, Respondent

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

February 25, 1982


On December 10, 1979 a New York State parole violation warrant was lodged against petitioner-appellant, who was in Federal custody at the Metropolitan Correctional Center (MCC). On that same date he waived a preliminary revocation hearing. He did not receive a final parole revocation hearing until November 5, 1981, almost two years later. Section 259-i (subd 3, par [f], cl [i]) of the Executive Law provides that revocation hearings shall be scheduled to be held within 90...

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