People ex rel. Bell v. Santor
Opinion of the Court
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered November 1, 2004 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In July 2002, petitioner was released on parole and allowed to live in South Carolina with that state supervising his New York parole pursuant to the Interstate Compact for Out-of-State Parole Supervision (see Executive Law § 259-m). In September 2003, petitioner was taken into custody in South Carolina pursuant to a New York parole violation warrant and a preliminary parole revocation hearing was held. Probable cause to believe that petitioner had violated the conditions of his parole having been found, petitioner was returned to New York where his parole release was revoked following a final parole revocation hearing.
Petitioner commenced this CPLR article 70 proceeding seeking habeas corpus relief on the basis that, in violation of Executive Law § 259-i, South Carolina failed to provide him with timely notice of the violation and failed to timely hold a preliminary parole revocation hearing. Supreme Court dismissed the petition without issuing an order to show cause or writ of habeas corpus. Petitioner now appeals.
Mercure, J.P., Peters, Carpinello, Mugglin and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.