PEOPLE EX REL. BURLEY v. WARDEN, NEW YORK CITY HOUSE OF DET. AT RIKER'S ISLAND


70 A.D.2d 518 (1979)

The People of the State of New York ex rel. Robert H. Burley, Appellant, v. Warden, New York City House of Detention at Riker's Island, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 3, 1979


Unanimously affirmed, without costs or disbursements.

The question presented is whether the Board of Parole is required to conduct a preliminary revocation hearing within 15 days after a warrant for the retaking and temporary detention of an alleged parole violator has been executed when the alleged violator is incapacitated by reason of illness from being present at the hearing within that prescribed period. Subdivision 3 of section 259-i of the Executive Law, provides...

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