People ex rel. Courtney v. New York State Division of Parole

208 A.D.2d 352, 616 N.Y.S.2d 740, 1994 N.Y. App. Div. LEXIS 9266

Opinion

Judgment, Supreme Court, Bronx County (Dorothy Chin Brandt, J.), entered on or about August 9, 1993, dismissing appellant’s petition for a writ of habeas corpus, unanimously affirmed, without costs.

The IAS Court properly determined that appellant was not entitled to the five-day notice requirement contained in Executive Law § 259-i (3) (c) (iii), since Executive Law § 259-i (3) (c) (i) eliminated the necessity for a preliminary revocation hearing in appellant’s case, due to his 1992 conviction in North Carolina while still under parole supervision in New York (Matter of Gonzalez v New York State Div. of Parole, 176 AD2d 237). Concur—Murphy, P. J., Ellerin, Ross, Nardelli and Williams, JJ.