Moulier v. Smith

Judgment unanimously affirmed. Memorandum: Petitioner appeals from a judgment which dismissed his CPLR article 78 petition alleging that his final parole revocation hearing was untimely. Petitioner was paroled in 1980. On April 15, 1983 a parole violation warrant was lodged for various violations including charges of murder and illegal possession of a weapon then pending against him. The Division of Parole scheduled a final parole revocation hearing for June 22, 1983, at which time petitioner requested an adjournment to obtain counsel. The hearing officer granted the adjournment on the…