Opinion
2002-07654.
Decided February 2, 2004.
In a proceeding pursuant to CPLR article 78 to vacate a parole violation warrant for failure to timely hold a parole revocation hearing, the petitioner appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 25, 2002, which denied the petition and dismissed the proceeding.
Joseph and Stalonas, New York, N.Y. (Michael P. Joseph of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion R. Buchbinder and David Axinn of counsel), for respondent.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO and THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
The petitioner received a timely final parole revocation hearing ( see People ex rel. Matthews v. New York State Div. of Parole, 95 N.Y.2d 640; Matter of Nunez v. New York State Parole Div., 284 A.D.2d 333).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.