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PEOPLE EX REL. MOORE v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY

36 A.D.3d 494 (2007)

829 N.Y.S.2d 45

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DAVID MOORE, Also Known as DWINEL MONROE and Others, Respondent, v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY, Respondent, and NEW YORK STATE DIVISION OF PAROLE, Appellant.

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

Decided January 18, 2007.

Because petitioner's preliminary parole revocation hearing was scheduled to be held within 15 days of the warrant's execution, and was only adjourned to accommodate petitioner's religious and medical needs, there was no violation of the time limitation imposed by Executive Law § 259-i (3) (c) (iv) (see Matter of Emmick v Enders, 107 A.D.2d 1066, 1067 [1985], appeal dismissed 65 N.Y.2d 1050...

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