THE PEOPLE OF THE STATE OF NEW YORK EX REL VALAVE GREEN PETITIONER APPELLANT v. ANTHONY ANNUCCI ACTING COMMISSIONER NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION RESPONDENT RESPONDENT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. VALAVE GREEN, PETITIONER–APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT–RESPONDENT.

KAH 14–01747

Decided: November 20, 2015

PRESENT:  SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND DEJOSEPH, JJ. WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (LAURA ETLINGER OF COUNSEL), FOR RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum:  Petitioner, an inmate in state prison, commenced this proceeding seeking a writ of habeas corpus, alleging that he was denied due process because, inter alia, respondent failed to afford him a preliminary or final parole revocation hearing.  We conclude that Supreme Court properly dismissed the petition.  As respondent points out, petitioner was not entitled to a revocation hearing because a parole warrant was not issued against him (see Executive Law § 259–i[3][a][i] ).  In any event, petitioner was convicted of two felonies he committed while released on parole, and he was sentenced to indeterminate terms of imprisonment on those new felonies, whereupon his parole was revoked by operation of law pursuant to Executive Law § 259–i(3)(d)(iii) (see People ex rel. Daniels v. Beaver, 303 A.D.2d 1025, 1025;  Matter of Adams v New York State Div. of Parole, 278 A.D.2d 621, 621).  Because petitioner's parole was revoked by operation of law, “a parole revocation hearing was not required” (People ex rel. Williams v. Kirkpatrick, 111 AD3d 1327, 1327–1328;  see People ex rel. Stevenson v. Beaver, 309 A.D.2d 1171, 1172, lv denied 1 NY3d 506).

Frances E. Cafarell

Clerk of the Court