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Ware v. Kelly

154 A.D.2d 939 Court N.Y. App. Div. Decision date 1989-10-06 English

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p. 939
In the Matter of James Ware, Appellant, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent.

Judgment unanimously reversed on the law and facts and petition granted, in accordance with the following memorandum: Respondent concedes that the final revocation hearing was not conducted within 90 days of the probable cause determination as required by statute (Executive Law § 259-i [3] [f] [i]). Accordingly, we reverse the judgment, grant the petition and annul the determination. (Appeal from judgment of Supreme Court, Wyoming County, Kubiniec, J. — art 78.) Present — Dillon, P. J., Green, Pine, Balio and Davis, JJ.

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