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PEOPLE v. BD OF PAROLE

260338-11

33 Misc.3d 650 (2011)

929 N.Y.S.2d 472

2011 NY Slip Op 21313

THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRANKLIN BLASCO, Petitioner, v. NEW YORK STATE DIVISION OF PAROLE et al., Respondents.

Supreme Court, Bronx County.

September 7, 2011.

Attorney(s) appearing for the Case

Lance Lazzaro for petitioner. Eric T. Schneiderman , Attorney General ( Michael Arcati of counsel), for respondent.

OPINION OF THE COURT

RICHARD LEE PRICE, J.

Petitioner, by writ of habeas corpus submitted May 4, 2011, moved for an order vacating his parole warrant and releasing him from the custody of New York State Division of Parole (Division) on the ground that he was being illegally detained because the Division failed to timely conduct a preliminary parole revocation hearing in violation of Executive Law § 259-i (3) (c) (i) and (iv). After review of the parties...

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