People ex rel. MacKelvey v. New York State Division of Parole

In a habeas corpus proceeding, the New York State Division of Parole and the Superintendent of the Queensboro Correctional Facility appeal from a judgment of the Supreme Court, Queens County (Chetta, J.), dated January 20, 1987, which sustained the writ and vacated a parole revocation warrant.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is dismissed, the parole violation warrant is reinstated, and that the matter is remitted to the New York State Division of Parole for further proceedings.

There is no requirement in Executive Law § 259-i (3)…