Appellate Division of the Supreme Court of New York, 1984

People ex rel. Medina v. Superintendent, Queensborough Correctional Facility

People ex rel. Medina v. Superintendent, Queensborough Correctional Facility
Appellate Division of the Supreme Court of New York · Decided May 21, 1984
101 A.D.2d 871; 476 N.Y.S.2d 18; 1984 N.Y. App. Div. LEXIS 18570
People ex rel. Medina v. Superintendent, Queensborough Correctional Facility

Opinion of the Court

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Queens County (Rotker, J.), entered June 14, 1983, which dismissed the writ. H Judgment affirmed, without costs or disbursements. 11 Petitioner was given 14 days’ notice of the date of the originally scheduled hearing, as required by section 259-i (subd 3, par [f], cl [iii]) of the Executive Law. The statute does not require that at least 14 days prior notice be given for a rescheduled or adjourned final parole revocation hearing (People ex rel. Haskins v Waters, 87 AD2d 657; see, also, People ex rel. Wentsley v Hammock, 89 AD2d 1058). II In addition, we note that an alleged denial of the statutory right to timely notice of a final parole revocation hearing is not subject to judicial review unless the parolee has first sought a determination of his claim at the final hearing (see People ex rel. Walker v New York State Bd. of Parole, 98 AD2d 33). Bracken, J. P., Niehoff, Rubin and Eiber, JJ., concur.

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