PEOPLE EX REL. BELL v. WARDEN


56 A.D.3d 393 (2008)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ALBERT BELL, Appellant, v. WARDEN, RIKERS ISLAND et al., Respondents.

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

November 25, 2008.


There was no violation of the 15-day time limit for scheduling a preliminary parole revocation hearing (Executive Law § 259-i [3] [c] [iv]), where the hearing was originally scheduled to take place seven days after the warrant's execution, but, due to petitioner's hospitalization for serious illness, was rescheduled to take place and did take place 18 days after the warrant's execution, without prejudice to petitioner (see Matter of Emmick v Enders,

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