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PEOPLE EX REL ALLEN v. WARDEN

340977-12.

39 Misc.3d 546 (2013)

959 N.Y.S.2d 881

2013 NY Slip Op 23047

THE PEOPLE OF THE STATE OF NEW YORK ex rel. TERRANCE ALLEN, Also Known as WILLIAM MITCHELL, Petitioner, v. WARDEN OF GEORGE MOTCHAM DETENTION CENTER et al., Respondents.

Supreme Court, Bronx County.

Decided February 7, 2013.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Jacob Segall of counsel), for petitioner. Eric T. Schneiderman , Attorney General, New York City ( Anna M. Hehenberger of counsel), for New York State Department of Corrections and Community Supervision, respondent.

OPINION OF THE COURT

NICHOLAS IACOVETTA, J.

The petitioner moves for vacatur of the parole warrant and restoration of the petitioner to parole supervision on the grounds that the Department of Corrections and Community Supervision failed to provide the petitioner with the notice of violation within the three-day statutory time limit, and that the Department failed to provide the petitioner with a preliminary hearing within the 15-day statutory time limit...

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