Opinion
May 26, 1978
Appeal from the Cayuga Supreme Court.
Present — Marsh, P.J., Dillon, Hancock, Jr., Schnepp and Witmer, JJ.
Judgment unanimously reversed and petition granted in accordance with the following memorandum: The failure of the Board of Parole to provide petitioner with a final revocation hearing for more than 14 months after a parole revocation warrant was lodged against him in a State correctional facility in violation of subdivision 7 of section 212 Correct. of the Correction Law, requires that the parole violation warrant be vacated with prejudice, that petitioner be remanded to the Auburn Correctional Facility and that upon the expiration of the sentence imposed on July 8, 1976 he will be entitled to be released to parole status (Correction Law, § 212, subd 7; People ex rel. Walsh v Vincent, 40 N.Y.2d 1049; Matter of Beattie v New York State Bd. of Parole, 39 N.Y.2d 445; Matter of Piersma v Henderson, 60 A.D.2d 1001; Matter of Smith v Chairman of N.Y. State Bd. of Parole, 60 A.D.2d 775).