Opinion
June 7, 1991
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to petitioner's contention that he was denied the statutory right to a final parole revocation hearing within 90 days of the probable cause determination made on August 23, 1989 (see, Executive Law § 259-i [f] [i]). Excluding the periods of delay chargeable to petitioner by reason of his requests for adjournments, the final hearing was conducted well within the 90-day period and was, therefore, timely (see, People ex rel. Smith v Meloni, 142 A.D.2d 959; People ex rel. Sparrow v Johnson, 120 A.D.2d 694; Matter of Moulier v Smith, 115 A.D.2d 307, lv denied 67 N.Y.2d 603). Supreme Court also correctly determined that the remaining issues raised by petitioner were without merit.