PEOPLE EX REL. RUIZ v. LEONARDO


175 A.D.2d 964 (1991)

The People of the State of New York ex rel. Frank Ruiz, Appellant, v. Arthur Leonardo, as Superintendent of Great Meadow Correctional Facility, et al., Respondents

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

August 22, 1991


Petitioner's only contention on appeal is that his due process rights were violated because the determination that he violated the conditions of his parole was not made within the 90-day period of Executive Law § 259-i (3) (f) (i). However, the statute does not require that a decision be rendered within the 90-day period, only that the hearing be held within said 90 days. As petitioner's final revocation hearing was held within 90 days of his probable cause determination...

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