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People ex Rel. Ellington v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1979
70 A.D.2d 669 (N.Y. App. Div. 1979)

Opinion

May 28, 1979


In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County, dated July 19, 1978, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. It is well settled that a parole violator is entitled to a prompt parole revocation hearing (Executive Law, § 259-i, subd 3, par [f], cl [i]; People ex rel. Walsh v Vincent, 40 N.Y.2d 1049; Matter of Good v. Hammock, 64 A.D.2d 1011; People ex rel. Royster v. Bombard, 55 A.D.2d 940). This rule however, is of no assistance to petitioner since the record indicates that it was his fault that the revocation hearing was not promptly held. Suozzi, J.P., Lazer, Cohalan and Martuscello, JJ., concur.


Summaries of

People ex Rel. Ellington v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1979
70 A.D.2d 669 (N.Y. App. Div. 1979)
Case details for

People ex Rel. Ellington v. Dalsheim

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. IRVING ELLINGTON, Appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 28, 1979

Citations

70 A.D.2d 669 (N.Y. App. Div. 1979)