PEOPLE EX REL. STUBBS v. IRVIN


258 A.D.2d 942 (1999)

685 N.Y.S.2d 527

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DONALD E. STUBBS, Appellant, v. FRANK IRVIN, as Superintendent of Wende Correctional Facility, et al., Respondents.

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

Decided February 10, 1999.


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the petition seeking a writ of habeas corpus. By waiving his right to a preliminary parole revocation hearing, relator waived his present contention that the Parole Board erred in failing to conduct a hearing (see, People ex rel. Miller v Walters, 60 N.Y.2d 899, 901; Matter of White v New York State Div. of Parole,

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