People of the State of New York ex. rel. Terrence Davis v Warden, Rikers Island Correctional Facility

People ex. rel. Davis v Warden, Rikers Is. Correctional Facility 2004 NY Slip Op 09237 [13 AD3d 161] December 14, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 23, 2005

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

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Order, Supreme Court, Bronx County (Joseph Fisch, J.), entered January 27, 2004, which denied and dismissed the petition for a writ of habeas corpus, unanimously affirmed, without costs.

Petitioner was mistakenly released on bail after he violated his parole, a warrant had been issued for his arrest and he had been served by respondent Division of Parole with parole violation papers. A copy of the outstanding warrant and an identical set of parole revocation papers were subsequently served upon him, and he was returned to custody. While petitioner did not receive a preliminary parole revocation hearing, he waived such a hearing after being served with the original parole revocation papers. In view of that waiver, the instant petition, alleging that petitioner was wrongfully denied a preliminary hearing, was properly denied (see Matter of White v New York State Div. of Parole, 60 NY2d 920 [1983]). Concur—Nardelli, J.P., Tom, Saxe, Friedman and Sweeny, JJ.