McMAHON v. PA. BD. OF PROB. & PAROLE

No. 1660 C.D. 1988.

125 Pa.Commw. 586 (1989)

559 A.2d 595

Joseph McMahon, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

May 4, 1989.


Attorney(s) appearing for the Case

Robert B. Stewart, III, Chief Public Defender of Huntingdon County, for petitioner.

Timothy P. Wile, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.

Submitted on briefs October 20, 1988, to Judges BARRY and SMITH, and Senior Judge NARICK, sitting as a panel of three.


OPINION BY JUDGE SMITH, May 4, 1989:

Petitioner, Joseph McMahon, appeals from the order of the Pennsylvania Board of Probation and Parole (Board) denying Petitioner's administrative appeal of May 3, 1988.

Petitioner challenges the timeliness of his revocation hearing of March 22, 1988, asserting that it was not held within the 120-day time limit required by 37 Pa. Code §71.4(1).1 Petitioner further contends that the Board...

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