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PEO (AUSTIN) v. PAROLE DIV.

154 Misc.2d 364 (1992)

The People of the State of New York ex rel. Mitchell D. Austin, Petitioner, v. New York State Division of Parole et al., Respondents.

Supreme Court, Oswego County.

April 23, 1992

Attorney(s) appearing for the Case

Mitchell D. Austin, petitioner pro se, and Robert McBride for Mitchell D. Austin, petitioner. Robert Abrams, Attorney-General (Aniela J. Carl of counsel), for New York State Division of Parole, respondent.

ROBERT G. HURLBUTT, J.

Petitioner, by writ of habeas corpus, seeks vacatur of the parole warrant under which he is detained by the Superintendent of the Oswego County Jail, on the basis that his detention is illegal because he was not afforded a final revocation hearing within the 90 days required by Executive Law § 259-i (3) (f) (i). Petitioner's final revocation hearing is, in fact, scheduled to be held...

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