MATTER OF HIRNIAK v. SHERIFF OF DUTCHESS COUNTY


174 A.D.2d 619 (1991)

In the Matter of Michael Hirniak, Appellant, v. Sheriff of Dutchess County et al., Respondents

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

June 10, 1991


Ordered that the judgment is reversed, on the law and the facts, without costs or disbursements, the proceeding is converted into a proceeding pursuant to CPLR article 78, the parole violation warrant is vacated, and the parole violation charges are dismissed.

On May 5, 1989, the petitioner was arrested while on parole and was detained thereafter in the Dutchess County Jail on both the new criminal charges and on a parole violation warrant. A probable cause determination...

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