People ex rel. Citro v. Sullivan

The petitioner’s final parole revocation hearing was scheduled for 9:30 a.m. on September 25, 1985, a date within the statutorily prescribed 90-day period (see, Executive Law § 259-i [3] [f] [i]). Due to a scheduling conflict, the petitioner’s attorney failed to appear and did not make, prior to the scheduled hearing, an application to the hearing coordinator in the local area office which scheduled the hearing, to postpone the final hearing until the afternoon to enable her to attend the hearing, in accordance with the rules and regulations of the Division of Parole (see, 9 NYCRR 8005.17 [c]…