Opinion
No. 1811.
October 25, 2007.
Order, Supreme Court, Bronx County (Thomas Farber, J.), entered March 14, 2006, which denied petitioner's application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.
Steven Banks, The Legal Aid Society, New York (Elon Harpaz of counsel), for appellant.
Andrew M. Cuomo, Attorney General, New York (Patrick J. Walsh of counsel), for respondents.
Before: Mazzarelli, J.P., Marlow, Sullivan, Gonzalez and McGuire, JJ.
Petitioner's preliminary parole revocation hearing, which was admittedly commenced within 15 days after execution of the warrant, as required by Executive Law § 259-i (3) (c) (iv), was briefly adjourned without objection for legitimate reasons. There was thus no violation of the 15-day time limit ( see Matter of Emmick v Enders, 107 AD2d 1066, 1067, appeal dismissed 65 NY2d 1050).