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People ex rel. Portalatin v. New York State Board of Parole

98 A.D.2d 810 Court N.Y. App. Div. Decision date 1983-12-27 English

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p. 810
The People of the State of New York ex rel. Ernest Portalatin, Respondent, v New York State Board of Parole et al., Appellants.

In a habeas corpus proceeding arising from the denial of the right to a timely parole revocation hearing (Executive Law, § 259-i, subd 3, par [f], cl [i]), the appeal is from a judgment of the Supreme Court, Queens County (Naro, J.), dated February 10, 1982, which, after a hearing, sustained the writ, vacated petitioner’s parole revocation warrant and restored him to parole status. Judgment affirmed, without costs or disbursements. (See, e.g., People ex rel. Gonzales v Dalsheim, 52 NY2d 9 ; People ex rel. Durham v Flood, 93 AD2d 847 .) Lazer, J. P., Thompson, Niehoff and Boyers, JJ., concur.

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