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PEOPLE EX REL. ARIOLA v. SEARS

503887.

2008 NY Slip Op 06483

THE PEOPLE OF THE STATE OF NEW YORK EX REL. CHRISTOPHER D. ARIOLA, Appellant, v. LAWRENCE F. SEARS, as Superintendent of FRANKLIN CORRECTIONAL FACILITY, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 31, 2008.

Attorney(s) appearing for the Case

Christopher Ariola, Malone, appellant pro se.

Before: Spain, J.P., Carpinello, Rose, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

Following a final parole revocation hearing in May 2007, petitioner's parole was revoked and a 24-month delinquent time assessment was imposed based upon his alleged failure to cooperate in a mental health/substance abuse evaluation. Petitioner thereafter commenced this proceeding challenging his detention, contending that he was violated for failing to comply with an "unapproved" condition of his parole and, hence, the violation and his subsequent...

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