Appellate Division of the Supreme Court of New York, 1980

People ex rel. Feldt v. Sheriff of Orange County

People ex rel. Feldt v. Sheriff of Orange County
Appellate Division of the Supreme Court of New York · Decided December 29, 1980
79 A.D.2d 716; 434 N.Y.S.2d 249; 1980 N.Y. App. Div. LEXIS 14123
People ex rel. Feldt v. Sheriff of Orange County

Opinion of the Court

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Orange County, dated February 4, 1980, which denied his application. Judgment affirmed, without costs or disbursements. The Board of Parole complied with the statute (Executive Law, § 259-i, subd 3, par [f], cl [i]) by scheduling a revocation hearing within 90 days of the determination of probable cause. The fact that the final decision of the board, which modified the hearing officer’s recommendation, was not rendered until more than one month later, did not violate the statutory requirement. Damiani, J. P., Titone, Cohalan and Weinstein, JJ., concur.

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