Opinion
November 10, 1986
Appeal from the Monroe County Court, Celli, J.
Present — Dillon, P.J., Green, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Petitioner was served with a parole detention warrant on Thursday, May 15, 1986. He was not given written notice of the time, place and purpose of a preliminary parole revocation hearing until Monday, May 19, 1986. Executive Law § 259-i (3) (c) (iii) requires that such notice be given to an alleged parole violator "within three days of the execution of the warrant". Since the three-day period ended on a Sunday, service on the next succeeding business day was timely (see, General Construction Law § 25-a; cf. Matter of Picciano v Hammock, 92 A.D.2d 1043, 1044, lv denied 59 N.Y.2d 606; People ex rel. Williams v Johnson, 116 Misc.2d 649).
Thus viewed, there is no need to address the other issues raised by petitioner.