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PEOPLE EX REL. ARTIS v. WARDEN, RIKERS IS. CORRECTIONAL FACILITY

4502.

2008 NY Slip Op 08426

THE PEOPLE OF THE STATE OF NEW YORK, EX REL ARTHUR ARTIS, ETC., Petitioner-Appellant, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, ET AL., Respondents-Respondents.

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

Decided November 6, 2008.

Attorney(s) appearing for the Case

Arthur Artis, appellant pro se.

Andrew M. Cuomo, Attorney General, New York (Laura R. Johnson of counsel), for respondents.

Before: Gonzalez, J.P., McGuire, Moskowitz, DeGrasse, Freedman, JJ.

Petitioner's rights under Executive Law § 259-i(3)(c)(i) and (iii) were not violated by the fact that the written notice of his preliminary parole revocation hearing was incorrectly dated, where he was in fact given the notice on the same day that the warrant was executed and the hearing was in fact conducted within 15 days thereafter (cf. People ex rel. Thompson v Warden of Rikers Is. Correctional Facility, 41 A.D.3d 292 [2007...

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