McAllister v. Division of Parole

—Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered November 22, 1991 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

*327In this CPLR article 78 proceeding, petitioner challenges the determination to revoke his parole claiming that the preliminary and final revocation hearings were not conducted in a timely manner. In a prior proceeding commenced pursuant to CPLR article 70, petitioner unsuccessfully argued this same timeliness issue (People ex rel. McAllister v Leonardo, 182 AD2d 1031). As…