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People ex Rel. Atkinson v. Warden of Rikers

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1994
201 A.D.2d 271 (N.Y. App. Div. 1994)

Summary

holding that when the warrant was executed on October 22, 1992, the three day period ended on Sunday, October 25, 1992 and was extended to the following business day, October 26, 1992

Summary of this case from Dowling v. Venable

Opinion

February 1, 1994

Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).


The Supreme Court properly found that petitioner was timely served with the notice of charges for violation of his parole and for a preliminary hearing. The warrant against petitioner was executed on October 22, 1992. The three day period prescribed in Executive Law § 259-i (3) (c) (iii) ended on Sunday, October 25, 1992 and was, therefore, extended by operation of General Construction Law § 25-a (1) to the following day, October 26, 1992, and at that time petitioner refused to accept service. There is no dispute that he did receive service the next day, October 27, 1992. Since the evidence establishes that the delay in service that occurred herein is due to the fault or design of petitioner, he is not entitled to any relief (see, Cascione v. Acme Equip. Corp., 23 A.D.2d 49). There is also no merit to petitioner's contention that the writ should be granted in the interest of justice.

Concur — Sullivan, J.P., Ellerin, Kupferman, Rubin and Tom, JJ.


Summaries of

People ex Rel. Atkinson v. Warden of Rikers

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1994
201 A.D.2d 271 (N.Y. App. Div. 1994)

holding that when the warrant was executed on October 22, 1992, the three day period ended on Sunday, October 25, 1992 and was extended to the following business day, October 26, 1992

Summary of this case from Dowling v. Venable
Case details for

People ex Rel. Atkinson v. Warden of Rikers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. HAROLD ATKINSON, Appellant, v…

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

Date published: Feb 1, 1994

Citations

201 A.D.2d 271 (N.Y. App. Div. 1994)
607 N.Y.S.2d 256

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