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PEO EX REL McKNIGHT v. MELONI

181 Misc.2d 422 (1999)

694 N.Y.S.2d 576

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT L. McKNIGHT, Petitioner, v. ANDREW P. MELONI, as Sheriff of Monroe County, Respondent.

Supreme Court, Monroe County.

May 28, 1999.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County (James Eckert of counsel), for petitioner.

Eliot Spitzer, Attorney General (Charles Steinman of counsel), for respondent.

OPINION OF THE COURT

DONALD J. MARK, J.

The petitioner is confined to the Monroe County Jail, awaiting transfer to a State correctional facility, as a result of a final parole revocation hearing in which his parole was revoked after he was found to have violated its conditions by commiting a crime. Pursuant to CPLR 7001 he has challenged the legality of his continued confinement upon the ground that the "time...

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