People ex rel. Brown v. O'Keefe

Appeal from a judgment of the Supreme Court at Special Term (Cerrito, J.), entered August 27, 1984 in St. Lawrence County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was incarcerated on an unrelated charge when the State Division of Parole scheduled a hearing to determine whether there was probable cause to revoke his parole (see, Executive Law § 259-i [3] [c] [i]). The hearing was ultimately held on April 27, 1984 and probable cause was found. A final revocation hearing was scheduled for May 30,…