People ex rel. Johnson v. New York State Division

Order, Supreme Court, Bronx County (Burton Hecht, J.), entered on or about October 25, 1988, which dismissed the petition for a writ of habeas corpus, unanimously reversed, on the law, without costs, the proceeding converted to a proceeding pursuant to CPLR article 78, and the petition granted to the extent of vacating the parole warrant and dismissing the parole violation proceeding.

Appellant was released from incarceration to the respondent Division of Parole on January 20, 1987. He subsequently absconded and was declared delinquent. A parole violation warrant was issued on January 13,…