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PEOPLE EX REL. GIST v. WARDEN, ERIC M. TAYLOR CENTER

2397, 250733/15.

145 A.D.3d 466 (2016)

2016 NY Slip Op 08175

44 N.Y.S.3d 11

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT GIST, JR., Appellant, v. WARDEN, ERIC M. TAYLOR CENTER, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 6, 2016.

Executive Law § 259-i (3) (f) (i) provides that a final parole revocation hearing "shall be scheduled to be held within ninety days of the probable cause determination," unless a statutory exception applies. This provision was satisfied by the commencement of petitioner's final parole revocation hearing, as scheduled, on April 13, 2015, 88 days after probable cause was found, notwithstanding that the hearing was adjourned...

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