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

Appellate Division of the Supreme Court of New York

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

201 A.D.2d 271, 607 N.Y.S.2d 256, 1994 N.Y. App. Div. LEXIS 812

Appellate Division of the Supreme Court of the State of New York·Decided February 1, 1994·Published·Cited by 4 cases

Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), entered January 15, 1993, dismissing petitioner’s application for a writ of habeas corpus, unanimously affirmed, without costs.

The Supreme Court properly found that petitioner was timely served with the notice of charges for violation of his parole and for a preliminary hearing. The warrant against [272]*272petitioner was executed on October 22, 1992. The three day period prescribed in Executive Law § 259-i (3) (c) (iii) ended on Sunday, October 25, 1992 and was, therefore, extended by operation of General Construction Law § 25-a (1) to the following day, October 26, 1992, and at that time petitioner refused to accept service. There is no dispute that he did receive service the next day, October 27, 1992. Since the evidence establishes that the delay in service that occurred herein is due to the fault or design of petitioner, he is not entitled to any relief (see, Cascione v Acme Equip. Corp., 23 AD2d 49). There is also no merit to petitioner’s contention that the writ should be granted in the interest of justice. Concur — Sullivan, J. P., Ellerin, Kupferman, Rubin and Tom, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), entered January 15, 1993, dismissing petitioner’s application for a writ of habeas corpus, unanimously affirmed, without costs.

The Supreme Court properly found that petitioner was timely served with the notice of charges for violation of his parole and for a preliminary hearing. The warrant against [272]*272petitioner was executed on October 22, 1992. The three day period prescribed in Executive Law § 259-i (3) (c) (iii) ended on Sunday, October 25, 1992 and was, therefore, extended by operation of General Construction Law § 25-a (1) to the following day, October 26, 1992, and at that time petitioner refused to accept service. There is no dispute that he did receive service the next day, October 27, 1992. Since the evidence establishes that the delay in service that occurred herein is due to the fault or design of petitioner, he is not entitled to any relief (see, Cascione v Acme Equip. Corp., 23 AD2d 49). There is also no merit to petitioner’s contention that the writ should be granted in the interest of justice. Concur — Sullivan, J. P., Ellerin, Kupferman, Rubin and Tom, JJ.

People ex rel. Atkinson v. Warden of Rikers Island Correctional Facility, 201 A.D.2d 271, 607 N.Y.S.2d 256, 1994 N.Y. App. Div. LEXIS 812 (N.Y. Ct. App. 1994).

Pincite

201 A.D.2d 271 (People ex rel. Atkinson v. Warden of Rikers Island Correctional Facility) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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