The opinion of the court was delivered by: HECKMAN
UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct all further proceedings in this petition for habeas corpus under 28 U.S.C. § 2254. For the reasons set forth below, the petition is denied.
Petitioner was originally sentenced to a term of 20 years to life on April 1, 1964. Petitioner was paroled on February 2, 1977. On November 24, 1978, petitioner was declared delinquent by the State Division of Parole. A parole revocation hearing was held on April 11, 1979, and petitioner's parole was revoked.
On May 5, 1980, petitioner was sentenced for various crimes he committed while on parole, with the sentences to run consecutively to the time remaining on the 1964 sentence.
In January, 1992, petitioner brought an Article 78 proceeding in state court. The petitioner claimed that his procedural due process rights were violated because he was denied the right to appear at his parole revocation hearing, and that application of the repeat felony offender sentencing law to his 1964 sentence was an ex post facto violation.
Supreme Court Justice Irving Fudeman denied his petition on March 12, 1992. The Appellate Division, Fourth Department, affirmed the judgment on October 7, 1992. Leave to appeal to the Court of Appeals was denied in April, 1993.
On September 7, 1994, while incarcerated at Wende Correctional Facility, petitioner filed the instant petition pro se under 28 U.S.C. § 2254. He asserts the same grounds for habeas corpus relief as he had raised in his Article 78 petition. Respondent filed his answer to the petition on January 30, 1995. By an order dated November 17, 1995, the respondent was directed to file records of petitioner's parole revocation hearing.
I. Parole Revocation Hearing
Petitioner claims that his due process rights were violated because he was denied the right to appear at his parole revocation hearing.
In Morrissey v. Brewer, 408 U.S. 471, 33 L. Ed. 2d 484, 92 S. Ct. 2593 (1972), the Supreme Court held that due process requirements are applicable to parole revocation hearings. According ...