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MATTER OF MOULIER v. SMITH

115 A.D.2d 307 (1985)

In the Matter of Fernando Moulier, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

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

November 15, 1985

Judgment unanimously affirmed.

Memorandum:

Petitioner appeals from a judgment which dismissed his CPLR article 78 petition alleging that his final parole revocation hearing was untimely. Petitioner was paroled in 1980. On April 15, 1983 a parole violation warrant was lodged for various violations including charges of murder and illegal possession of a weapon then pending against him. The Division of Parole scheduled a final parole revocation hearing for June...

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