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

People ex rel. Ramos v Warden of Rikers Is. Correctional Facility 2007 NY Slip Op 07993 [44 AD3d 537] October 25, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

The People of the State of New York ex rel. Rene Ramos, Appellant,
v
Warden of Rikers Island Correctional Facility et al., Respondents.

—[*1] Steven Banks, The Legal Aid Society, New York City (Elon Harpaz of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Patrick J. Walsh of counsel), for respondents.

Order, Supreme Court, Bronx County (Thomas Farber, J.), entered March 14, 2006, which denied petitioner's application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.

Petitioner's preliminary parole revocation hearing, which was admittedly commenced within 15 days after execution of the warrant, as required by Executive Law § 259-i (3) (c) (iv), was briefly adjourned without objection for legitimate reasons. There was thus no violation of the 15-day time limit (see Matter of Emmick v Enders, 107 AD2d 1066, 1067 [1985], appeal dismissed 65 NY2d 1050 [1985]). Concur—Mazzarelli, J.P., Marlow, Sullivan, Gonzalez and McGuire, JJ.