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People ex Rel. Wentsley v. Hammock, Dillon

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 24, 1982
89 A.D.2d 1058 (N.Y. App. Div. 1982)

Opinion

September 24, 1982

Appeal from the Supreme Court, Onondaga County, Gorman, J.

Present — Hancock, Jr., J.P., Callahan, Doerr, Denman and Moule, JJ.


Judgment unanimously reversed and petition dismissed. Memorandum: Respondent Parole Board appeals from a judgment which granted a writ of habeas corpus to petitioner because it failed to give petitioner 14 days' notice of the date of an adjourned hearing. Petitioner does not contest his receipt of 14 days' notice of the initial parole revocation hearing pursuant to section 259-i (subd 3, par [f], cl [iii]) of the Executive Law. There is no requirement that an additional 14 days' notice be given for a rescheduled or adjourned final parole revocation hearing ( People ex rel. Haskins v Waters, 87 A.D.2d 657). Such a requirement would undermine the Legislature's manifest concern for promptness in disposing of charges of parole violation (see People ex rel. Knowles v Smith, 54 N.Y.2d 259, 265).


Summaries of

People ex Rel. Wentsley v. Hammock, Dillon

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 24, 1982
89 A.D.2d 1058 (N.Y. App. Div. 1982)
Case details for

People ex Rel. Wentsley v. Hammock, Dillon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES WENTSLEY, Respondent, v…

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

Date published: Sep 24, 1982

Citations

89 A.D.2d 1058 (N.Y. App. Div. 1982)

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