While the New York State Division of Parole (NYSDP) was conducting a parole revocation hearing, Gregory Wyche--who had a history of seizures--became ill and was hospitalized.
Interestingly, his request to adjourn the proceeding was denied, because the hearing officer thought Wyche was "feigning illness." On administrative review, the Bronx County Supreme Court annulled NYSDP's determination and restored Wyche's parole.
Since Wyche had a "fundamental due process right" to be present, and the time for conducting a new hearing had long since passed, the Appellate Division, First Department, agreed that reinstatement was the appropriate remedy.
Wyche way would you have gone?
To view a copy of the Appellate Division's decision, please use this link: Matter of Wyche v. New York State Div. of Parole