People ex rel. Moore v Warden, Rikers Is. Correctional Facility

People ex rel. Moore v Warden of Rikers Is. Correctional Facility 2007 NY Slip Op 00373 [36 AD3d 494] January 18, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

The People of the State of New York ex rel. David Moore, Also Known as Dwinel Monroe and Others, Respondent,
v
Warden of Rikers Island Correctional Facility, Respondent, and New York State Division of Parole, Appellant.

—[*1] Eliot Spitzer, Attorney General, New York (David Lawrence III of counsel), for appellant. Percival A. Clarke, Bronx, for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered October 6, 2005, which sustained petitioner's amended petition for writ of habeas corpus and restored him to parole status, unanimously reversed, on the law, without costs, the writ denied and the petition dismissed. Petitioner is directed to surrender himself to respondent Warden.

Because petitioner's preliminary parole revocation hearing was scheduled to be held within 15 days of the warrant's execution, and was only adjourned to accommodate petitioner's religious and medical needs, there was no violation of the time limitation imposed by Executive Law § 259-i (3) (c) (iv) (see Matter of Emmick v Enders, 107 AD2d 1066, 1067 [1985], appeal dismissed 65 NY2d 1050 [1985]). Concur—Tom, J.P., Mazzarelli, Friedman, Buckley and McGuire, JJ.