Opinion
February 7, 2001.
Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Habeas Corpus.
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, BURNS AND LAWTON, JJ.
Judgment unanimously affirmed without costs.
Memorandum:
Because the final parole revocation hearing was held "within ninety days of the probable cause determination" (Executive Law § 259-i [f] [i]), Supreme Court properly denied the petition seeking a writ of habeas corpus ( see, People ex rel. Gray v. Campbell, 241 A.D.2d 723; People ex rel. Ruiz v. Leonardo, 175 A.D.2d 964). Contrary to petitioner's contention, "[t]here is no requirement that the decision on the hearing be received by the parolee within the 90-day period" ( People ex rel. Haskins v Waters, 87 A.D.2d 657; see, People ex rel. Tyler v. Travis, 269 A.D.2d 636, 636-637).