PEOPLE EX REL SMALL v. WARDEN

340820-2012.

38 Misc.3d 764 (2012)

956 N.Y.S.2d 420

2012 NY Slip Op 22377

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DENMARK SMALL, Petitioner, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, et al., Respondents.

Supreme Court, Bronx County.

December 18, 2012.


Attorney(s) appearing for the Case

Simone Petromelis , New York City, for petitioner. Eric T. Schneiderman , Attorney General, New York City ( Anna M. Hehenberger of counsel), for New York State Division of Parole, respondent.


OPINION OF THE COURT

DOMINIC R. MASSARO, J.

This is a special proceeding, whereby petitioner Denmark Small (hereinafter petitioner) seeks a habeas corpus writ ordering his release from respondents' custody upon grounds that his final parole revocation hearing was not conducted in a timely fashion as required by Executive Law § 259-i (3) (f).

In this regard, petitioner says his constitutional (US Const Amend VI) and statutory (Executive Law ...

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