Appellate Division of the Supreme Court of New York, 2007

People ex rel. Ramos v. Warden of Rikers Island Correctional Facility

People ex rel. Ramos v. Warden of Rikers Island Correctional Facility
Appellate Division of the Supreme Court of New York · Decided October 25, 2007
44 A.D.3d 537; 843 N.Y.S.2d 510
People ex rel. Ramos v. Warden of Rikers Island Correctional Facility

Opinion of the Court

Order, Supreme *538Court, Bronx County (Thomas Farber, J.), entered March 14, 2006, which denied petitioner’s application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.

Petitioner’s preliminary parole revocation hearing, which was admittedly commenced within 15 days after execution of the warrant, as required by Executive Law § 259-i (3) (c) (iv), was briefly adjourned without objection for legitimate reasons. There was thus no violation of the 15-day time limit (see Matter of Emmick v Enders, 107 AD2d 1066, 1067 [1985], appeal dismissed 65 NY2d 1050 [1985]). Concur—Mazzarelli, J.P., Marlow, Sullivan, Gonzalez and McGuire, JJ.

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