PEOPLE MOORE v. New York State Division of Parole, Respondent-Appellant.

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

The PEOPLE of the State of New York ex rel. David MOORE, also known as Dwinel Monroe, etc., Petitioner-Respondent, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, Respondent, New York State Division of Parole, Respondent-Appellant.

Decided: January 18, 2007

TOM, J.P., MAZZARELLI, FRIEDMAN, BUCKLEY, McGUIRE, JJ. Eliot Spitzer, Attorney General, New York (David Lawrence III of counsel), for appellant. Percival A. Clarke, Bronx, for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered October 6, 2005, which sustained petitioner's amended petition for writ of habeas corpus and restored him to parole status, unanimously reversed, on the law, without costs, the writ denied and the petition dismissed.   Petitioner is directed to surrender himself to respondent Warden.

Because petitioner's preliminary parole revocation hearing was scheduled to be held within 15 days of the warrant's execution, and was only adjourned to accommodate petitioner's religious and medical needs, there was no violation of the time limitation imposed by Executive Law § 259-i[3][c][iv] (see Matter of Emmick v. Enders, 107 A.D.2d 1066, 1067, 486 N.Y.S.2d 559 [1985], appeal dismissed 65 N.Y.2d 1050, 494 N.Y.S.2d 698, 484 N.E.2d 1050 [1985] ).