PEOPLE EX REL. TYLER v. SENKOWSKI


271 A.D.2d 740 (2000)

706 N.Y.S.2d 368

THE PEOPLE OF THE STATE OF NEW YORK ex rel. KEITH TYLER, Appellant, v. DANIEL A. SENKOWSKI, as Superintendent of Clinton Correctional Facility, et al., Respondents.

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

Decided April 6, 2000.


Petitioner commenced this habeas corpus proceeding challenging a 1993 determination revoking his parole. Supreme Court denied the application for a writ and we affirm, albeit on a different ground than that expressed by Supreme Court. The record reveals that petitioner previously filed an identical application challenging the 1993 determination and was granted a rehearing, following which petitioner's parole was again revoked in 1994. Inasmuch as petitioner is being detained...

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