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People ex rel. Borrell v. Warden of Rikers Island Correctional Facility

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1999
257 A.D.2d 517 (N.Y. App. Div. 1999)

Opinion

January 26, 1999.

Appeal from the Supreme Court, Bronx County (John Moore, J.).


Respondent's failure in this case to strictly comply with the time requirements set forth in 39 RCNY 1-02 did not, as petitioner contends, rise to the level of a due process violation. Upon the record as a whole, we conclude that petitioner was afforded adequate notice of and opportunity to be heard with respect to the grounds upon which his redesignation was ultimately premised, and that he was not prejudiced by respondent's delay ( see, Matter of Alevras v. Coughlin, 87 A.D.2d 868; People ex rel. Williams v. Ward, 73 A.D.2d 941).

Concur — Sullivan, J.P., Nardelli, Williams and Andrias, JJ.


Summaries of

People ex rel. Borrell v. Warden of Rikers Island Correctional Facility

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1999
257 A.D.2d 517 (N.Y. App. Div. 1999)
Case details for

People ex rel. Borrell v. Warden of Rikers Island Correctional Facility

Case Details

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

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

Date published: Jan 26, 1999

Citations

257 A.D.2d 517 (N.Y. App. Div. 1999)
682 N.Y.S.2d 590