PEOPLE EX REL. BUSH v. RILEY

514848.

107 A.D.3d 1249 (2013)

966 N.Y.S.2d 922

2013 NY Slip Op 4638

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM J. BUSH, Appellant, v. ALLEN RILEY, as Madison County Sheriff, Respondent.

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

Decided June 20, 2013.


Petitioner was arrested pursuant to a parole violation warrant. The final parole revocation hearing was adjourned at the request of petitioner and his counsel, as they had not received the requisite 14-day notice (see Executive Law § 259-i [3] [f] [iii]). While awaiting decision following the final parole revocation hearing, petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus on the basis that the parole revocation proceeding...

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