Windley v. New York State Division of Parole

In a proceeding pursuant to CPLR article 78 to review the issuance of a parole violation warrant No. 302108 lodged against the petitioner and to restore him to parole, the petitioner appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated September 29, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, parole violation warrant No. 302108 is vacated, and the petitioner’s parole status is reinstated.

The Supreme Court erred in determining that…