People ex rel. South v. Hammock

Kane, J. (dissenting). The judgment of Special Term should be affirmed. Petitioner’s sole complaint is that he was not informed of the decision to revoke his parole “As soon as practicable” (9 NYCRR 8005.20 [f]). Even if this proceeding were treated as one for article 78 review and petitioner succeeded in establishing a violation of the foregoing regulation upon remittal, there would be no basis or warrant for relief under the circumstances presented. At issue in People ex rel. Gonzales v Dalsheim (52 NY2d 9) was whether incarceration in a foreign jurisdiction so removed a parolee from the…