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

People ex rel. Artis v Warden, Rikers Is. Correctional Facility 2008 NY Slip Op 08426 [56 AD3d 276] November 6, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

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

—[*1] Arthur Artis, appellant pro se.

Andrew M. Cuomo, Attorney General, New York (Laura R. Johnson of counsel), for respondents.

Order, Supreme Court, Bronx County (Barbara F. Newman, J.), entered December 18, 2007, which denied petitioner's application for a writ of habeas corpus, unanimously affirmed, without costs.

Petitioner's rights under Executive Law § 259-i (3) (c) (i) and (iii) were not violated by the fact that the written notice of his preliminary parole revocation hearing was incorrectly dated, where he was in fact given the notice on the same day that the warrant was executed and the hearing was in fact conducted within 15 days thereafter (cf. People ex rel. Thompson v Warden of Rikers Is. Correctional Facility, 41 AD3d 292 [2007]). Concur—Gonzalez, J.P., McGuire, Moskowitz, DeGrasse and Freedman, JJ.