MATTER OF WINDLEY v. NEW YORK STATE DIVISION OF PAROLE


273 A.D.2d 317 (2000)

710 N.Y.S.2d 537

In the Matter of TONY WINDLEY, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided June 12, 2000.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, parole violation warrant No. 302108 is vacated, and the petitioner's parole status is reinstated.

The Supreme Court erred in determining that the exemption to the final parole revocation hearing requirement in Executive Law § 259-i (3) (d) (iii) applied to the petitioner who, while on parole, was convicted of a Federal crime committed in New York and was...

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