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PEOPLE EX REL. MERRITT v. NEW YORK STATE DIVISION OF PAROLE

257 A.D.2d 435 (1999)

682 N.Y.S.2d 579

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ERNEST MERRITT, Appellant, v. NEW YORK STATE DIVISION OF PAROLE et al., Respondents.

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

Decided January 12, 1999.

Petitioner has failed to establish that respondent did not exercise due diligence in executing the parole warrant against petitioner. Petitioner has not demonstrated that respondent manifested a gross disinterest in retaking him (see, People ex rel. Stracci v Warden, 72 A.D.2d 393). It was the primary responsibility of petitioner to contact respondent with information of his whereabouts, rather than respondent's obligation to infer...

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