Lott v. Smith

Judgment reversed and petition granted to .the extent of dismissing parole revocation *910warrant. All concur, Cardamone, J. P., not participating. Memorandum: Petitioner appeals from a judgment of the Supreme Court, Wyoming County, which dismissed his application for a writ of habeas corpus contesting the timeliness of his final parole revocation hearing. Petitioner’s writ, which we now convert to a CPLR article 78 proceeding, was denied on the grounds that his request for counsel within the 90-day statutory period (Executive Law, § 259-i, subd 3, par [f], cl [i]) constituted a request for an…