PEOPLE EX REL. MILLER v. WALTERS


60 N.Y.2d 899 (1983)

The People of the State of New York ex rel. Ronald Miller, Respondent, v. Wilson Walters, III, as Warden, Ossining State Prison, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 23, 1983.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff and Martin A. Hotvet of counsel), for appellants.

Kenneth J. Kaufmann for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the judgment of Supreme Court reinstated.

A final revocation hearing was held on May 19, 1982, within the 90-day period prescribed by the statute (Executive Law, § 259-i, subd 3, par [f], cl [i]), in consequence of which relator's parole was revoked. No challenge is now addressed to that determination. Inasmuch as on his return...

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