People ex rel. Herrera v. Schager

— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme *984Court, Westchester County (Burchell, J.), dated August 7,1981, which denied the petition and dismissed the writ. Matter remitted to Special Term to hear and report on whether petitioner voluntarily waived his right to be present at the final parole revocation hearing; in the interim the appeal is held in abeyance. Petitioner received written notice of a final parole revocation hearing to be held on April 1, 1981, but denies that he waived his right to attend the hearing. The hearing officer erroneously held the…