Opinion
January 20, 2000
Order, Supreme Court, Bronx County (John Byrne, J.), entered May 1, 1998, which granted the petition for a writ of prohibition precluding respondents from conducting a final parole revocation hearing with respect to petitioner parolee, unanimously affirmed, without costs.
Leighton M. Jackson, for petitioner-respondent.
David Lawrence III, for respondents-appellants.
SULLIVAN, J.P., TOM, SAXE, FRIEDMAN, JJ.
The court properly granted prohibition since petitioner's parole was automatically revoked upon his conviction of felonies and sentences to indeterminate terms, thereby precluding the commencement of the final revocation hearing (see, Executive Law § 259-i Exec.[3][d][iii]; 9 NYCRR 8004.3[h]; People ex rel. Harris v. Sullivan, 74 N.Y.2d 305; Matter of Pierre v. Rodriguez, 131 A.D.2d 763).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.