Moye v. New York Executive Department Board of Parole

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Board of Parole which revoked petitioner’s parole.

Petitioner, on parole while serving a sentence of 5 to 10 years, was found to have violated his parole by threatening his wife, using cocaine and failing to maintain attendance at an alcohol rehabilitation program. Petitioner’s parole was *712consequently revoked and he was determined to be ineligible for parole for 36 months.

Initially, we find that petitioner’s final parole revocation…