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PEOPLE EX REL BROWN v. PAROLE

70 N.Y.2d 391 (1987)

The People of the State of New York ex rel. Robert Brown, Also Known as George Ballard, Appellant, v. New York State Division of Parole et al., Respondents. The People of the State of New York ex rel. Albert Citro, Respondent, v. James Sullivan, as Superintendent of Sing Sing Correctional Facility, Appellant.

Court of Appeals of the State of New York.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Mary Carroll Rothwell, Philip L. Weinstein and Roger Brazill for appellant in the first above-entitled proceeding.

Robert Abrams, Attorney-General (Burton Herman, O. Peter Sherwood and Gerald J. Ryan, of counsel), for appellant in the second above-entitled proceeding.

Carol Kahn for respondent in the second above-entitled proceeding.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

Pursuant to statutory mandate, a parolee is entitled to a final parole revocation hearing within 90 days of the determination finding that probable cause exists for the revocation of parole (Executive Law § 259-i [3] [f] [i]). The statute provides three exceptions to the 90-day rule. If an alleged violator requests and receives a postponement of the hearing, consents to a postponement initiated...

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