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PEOPLE EX REL. EVANS v. SULLIVAN

141 A.D.2d 884 (1988)

The People of the State of New York, ex rel. Otis Evans, Appellant, v. James Sullivan, as Superintendent of Sing Sing Correctional Facility, et al., Respondents

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

June 27, 1988

Ordered that the judgment is affirmed, without costs or disbursements.

The question presented on this appeal is whether the failure of the New York State Board of Parole (hereinafter the Board of Parole) to conduct the petitioner's final parole revocation hearing within the 90-day period following the probable cause determination, as prescribed by statute (Executive Law § 259-i [3] [f] [i]), is excusable. The determinative period for purposes

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