PEOPLE SIMPSON v. The New York State Division of Parole, Respondent-Respondent.

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

The PEOPLE of the State of New York ex rel. Anthony SIMPSON, Petitioner-Appellant, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, Respondent, The New York State Division of Parole, Respondent-Respondent.

Decided: September 26, 2006

BUCKLEY, P.J., SAXE, WILLIAMS, SWEENY, MALONE, JJ. Steven Banks, The Legal Aid Society, New York (Sheilah Fernandez of counsel), for appellant. Eliot Spitzer, Attorney General, New York (Efthimios Parasidis of counsel), for The New York State Division of Parole, respondent.

Order, Supreme Court, Bronx County (Judith Lieb, J.), entered June 21, 2005, which dismissed petitioner's writ of habeas corpus, unanimously affirmed, without costs.

The hearing officer was willing to accommodate petitioner's request for his girlfriend to testify as a witness, despite petitioner's failure to give proper notice and his counsel's admitted failure to prepare the necessary paperwork to allow her into the prison premises.   However, the request was withdrawn after the parole officer opted not to proceed on the charge as to which the proposed witness was expected to testify.   No request was made that she be allowed to testify as to the second charge.   This was enough to satisfy the “flexible” procedural requirements applicable (see Morillo v. City of New York, 178 A.D.2d 7, 12, 582 N.Y.S.2d 387 [1992], appeal dismissed 79 N.Y.2d 1039, 584 N.Y.S.2d 448, 594 N.E.2d 942 [1992] and lv. denied 80 N.Y.2d 752, 587 N.Y.S.2d 904, 600 N.E.2d 631 [1992] ).