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PEOPLE EX REL. CHESNER v. WARDEN, OTIS BANTUM CORRECTIONAL CENTER

2356, 251600/08

71 A.D.3d 499 (2010)

895 N.Y.S.2d 816

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DENNIS CHESNER, Appellant, v. WARDEN, OTIS BANTUM CORRECTIONAL CENTER et al., Respondents.

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

Decided March 16, 2010.

Petitioner's preliminary parole revocation hearing was commenced within 15 days after execution of the warrant (Executive Law § 259-i [3] [c] [i]) and briefly adjourned, without objection, for legitimate reasons. Thus, there was no violation of the 15-day time limit (see People ex rel. Morant v Warden, Rikers Is., 35 A.D.3d 208 [2006], lv denied 8 N.Y.3d 809 [2007]; Matter of Emmick v Enders, 

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