Appellate Division of the Supreme Court of New York, 2001

People ex rel. Moore v. Williams

People ex rel. Moore v. Williams
Appellate Division of the Supreme Court of New York · Decided February 7, 2001
280 A.D.2d 928; 719 N.Y.S.2d 921; 2001 N.Y. App. Div. LEXIS 1267
People ex rel. Moore v. Williams

Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Because the final parole revocation hearing was held “within ninety days of the probable cause determination” (Executive Law § 259-i [3] [fl [i]), Supreme Court properly denied the petition seeking a writ of habeas corpus (see, People ex rel. Gray v Campbell, 241 AD2d 723; People ex rel. Ruiz v Leonardo, 175 AD2d 964). Contrary to petitioner’s contention, “[t]here is no requirement that the decision on the hearing be received by the parolee within the 90-day period” (People ex rel. Haskins v Waters, 87 AD2d 657; see, People ex rel. Tyler v Travis, 269 AD2d 636, 636-637). (Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Habeas Corpus.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Burns and Law-ton, JJ.

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