MATTER OF WARE v. KELLY


154 A.D.2d 939 (1989)

In the Matter of James Ware, Appellant, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent

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

October 6, 1989


Judgment unanimously reversed on the law and facts and petition granted, in accordance with the following memorandum:

Respondent concedes that the final revocation hearing was not conducted within 90 days of the probable cause determination as required by statute (Executive Law § 259-i [3] [f] [i]). Accordingly, we reverse the judgment, grant the petition and annul the...

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