Opinion
October 4, 1994
Appeal from the Supreme Court, Bronx County (Dorothy Chin Brandt, J.).
The IAS Court properly determined that appellant was not entitled to the five-day notice requirement contained in Executive Law § 259-i (3) (c) (iii), since Executive Law § 259-i (3) (c) (i) eliminated the necessity for a preliminary revocation hearing in appellant's case, due to his 1992 conviction in North Carolina while still under parole supervision in New York (Matter of Gonzalez v. New York State Div. of Parole, 176 A.D.2d 237).
Concur — Murphy, P.J., Ellerin, Ross, Nardelli and Williams, JJ.