PEOPLE v. BD. OF PAROLE


98 A.D.2d 33 (1983)

The People of the State of New York ex rel. Reginald Walker, Appellant, v. New York State Board of Parole et al., Respondents

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

December 19, 1983


Attorney(s) appearing for the Case

William E. Hellerstein and Roger Brazill (Vivian Lazerson of counsel), for appellant.

Robert Abrams, Attorney-General (Barbara L. Linzer, Melvyn R. Leventhal, Gerald J. Ryan and Bridget E. Farrell of counsel; Ramona Goodman on the brief), for respondents.

LAZER, O'CONNOR and BOYERS, JJ., concur.


TITONE, J. P.

At issue on this appeal is the proper allocation of the fact-finding function in parole revocation proceedings. More specifically, we are called upon to determine whether a parolee, who has been declared delinquent, is entitled to a judicial evidentiary hearing in which to litigate the merits of his claim that he had not been served with statutorily required notices before an otherwise timely scheduled administrative revocation hearing is...

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