BUTLER v. NYS BD OF PAROLE


122 Misc.2d 298 (1983)

In the Matter of James Butler, Petitioner, v. New York State Board of Parole, Respondent.

Supreme Court, Special Term, New York County.

August 16, 1983


Attorney(s) appearing for the Case

William D. Gibney and David C. Leven for petitioner. Robert Abrams, Attorney-General, for respondent.


ARTHUR E. BLYN, J.

Application by petitioner for a judgment, pursuant to CPLR article 78, vacating a parole violation warrant, canceling any delinquency and restoring him to parole supervision on the grounds of respondent's failure to afford petitioner a timely revocation hearing (Executive Law, § 259-i).

The issue presented is whether respondent has met its burden of showing that petitioner parolee is beyond its "convenience and practical...

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