Opinion
November 26, 1984
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Judgment affirmed, without costs or disbursements.
Petitioner was not denied a timely preliminary parole revocation hearing as a result of the failure of the New York parole authorities to have him returned to New York immediately following the execution of a parole violation warrant in California because petitioner was beyond the convenience and practical control of the parole authorities ( People ex rel. Gonzales v Dalsheim, 52 N.Y.2d 9). The record established that the California authorities refused to conduct a preliminary parole revocation hearing. Furthermore, petitioner could not be returned to New York without formal extradition proceedings because California does not honor an advance waiver of extradition form which has been signed in New York as a condition of receiving parole in New York ( Matter of Klock, 133 Cal.App.3d 726). To the extent that this court in People ex rel. Miller v Walters ( 91 A.D.2d 647, revd on other grounds 60 N.Y.2d 899) suggests the contrary, it is limited to its facts as presented in the record on appeal. Mollen, P.J., Titone, Thompson and Weinstein, JJ., concur.